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"The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system" [2019] ELECD 574; in Mahler, Tobias (ed), "Generic Top-Level Domains" (Edward Elgar Publishing, 2019) 40

Book Title: Generic Top-Level Domains

Editor(s): Mahler, Tobias

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system

Number of pages: 14

Abstract/Description:

ICANN’s institutional framework, as summarised in Chapter 3, is the basis on which the organization develops, implements and applies its ‘policies’ and contracts. Although this framework is clearly different from domestic legal systems, it is interesting to note certain similarities, for example, to constitutional principles, such as the separation of powers. Although ICANN is registered as a private corporation under California law, its structure and functions are increasingly comparable to those of a constitutional legal system, in which powers are separated between executive, legislative and judicial branches. Nevertheless, there are important contrasts with national states. For example, much of the decision making and adjudication is outsourced to independent third parties.