All,

I fear that here I am with my "keep it simple" hat on again. Working with organizations that had to carve the globe up into regions, two easy lessons learned are: One borrowed from design => Form follows Function. Why does the organization need regions and what does the organization intend to do on a region-by-region basis? The other is that no scheme is perfect. Some regions will have no home (usually for geopolitical reasons) and some will be settled in a home with less than full consensus (for practical or geopolitical reasons). One source of conflict is that regional designation may come with entitlements, for example funds or votes from the designating body. Struggles over entitlements should not dominate the core issues of why and what for.

For the remit of ICANN with regard to, for example, data retention issues, the nature of local legal structures need not be an ICANN factor in designating regions. When an issue such as data retention policy in the European Community boils to the top, the stakeholder regions self-organize to represent themselves around the issue, irrespective of how ICANN has organized the regions. As well, appealing to a law based scheme is problematic. For example, even figuring out where to put Canada in a law based scheme is difficult. Parts of Canadian law come from the English (and Scots) common law systemIndependently Quebec retains a civil private law system. The responsibilities of public  and private law are separated and exercised exclusively by the Parliament and the provinces respectively. Canada's engagement, as a country, in any ICANN issue,will be determined by the nature of the issue, not by it's ICANN regional designation. If its position is based on ICANN conflicts with national laws, so be it. That is the issue to be addressed.

Lastly, if there were no ICANN entitlements would there still be a regional designation issue?

Sam L.



On 31/03/2016 4:11 PM, Ayden Férdeline wrote:
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Hi Kathy,

Thanks for your comments. I just wanted to pick up on something; you mentioned that (similar, presumably) legal structures should be one of our guiding instruments in the new geographic regions framework. What were you thinking of here? That in the GAC, ICANN should be measuring how many members have common and civil law along with, say, Sharia law provisions, in relation to the total number of countries in the world with those legal systems? How valuable would that be? 

I am not a lawyer so my understanding of this topic is very limited: I thought every country's legal system had its own identity - though some have been inherited from or influenced by colonialism, or another factor - so I'm not certain as to what we would be trying to achieve here. What type of diversity would you like to see in terms of legal structures?

Many thanks,

Ayden