Re: [ga] Re: "Does it make a difference that the ccTLD community..." ???

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

From: "Ramesh Kumar Nadarajah" <ramesh@mimos.my>
> I am referring to the extract from Article 38 of the statute of the
> international court of justice as quoted by Prof Froomkin:
>
> "b. international custom, as evidence of a general practice accepted as
> law;"

The "custom" referenced there is the customary behavior of the respective
governments, and the general custom of behavior among governments.

> If there is general practice by the members of the GAC, ICANN and the
> ccTLDs which are active in the ICANN-related dialogue (whether or not
> they form a community), can it be construed as international custom? And
> assuming RFC 1591 is the document that records the principle behind that
> general practice, if it can be considered a general practice.

No.  I, as a private actor, can post a personal pledge to donate $100 per
month to the government of Nigeria.  After ten years, if I stop paying that
$100 per month, the government of Nigeria has no basis to prevail upon the
government of the US to force me to keep paying.

The question at issue here is one of "rights" of nations in entries of data
in a computer file maintained by an entity in the United States.  There is no
international custom by which governments of the world can ask the United
States to force the maintainer of that computer file to make changes to it,
as a matter of "right".



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