[ga] Immunity/Jurisdiction and IGOs

[George Kirikos <gkirikos@xxxxxxxxx>]

Hi folks,

Given the debate over a separate dispute resolution procedure for IGOs,
e.g.:

http://www.circleid.com/posts/710118_short_domain_names_igo_udrp/

I was pondering the issue of "immunity" and IGOs. In particular,
consider that the United Nations is the registrant of the domain
un.org:

http://whois.domaintools.com/un.org

In order to register that domain through Network Solutions, the current
registrar, they had to agree to the NSI agreement, which specifies
jurisdiction!

http://www.networksolutions.com/legal/static-service-agreement.jsp

"21. GOVERNING LAW.
a. You and Network Solutions agree that this Agreement and any disputes
hereunder shall be governed in all respects by and construed in
accordance with the laws of the Commonwealth of Virginia, United States
of America, excluding its conflict of laws rules. You and we each agree
to submit to exclusive subject matter jurisdiction, personal
jurisdiction and venue of the United States District Court for the
Eastern District of Virginia, Alexandria Division for any disputes
between you and Network Solutions under, arising out of, or related in
any way to this Agreement (whether or not such disputes also involve
other parties in addition to you and Network Solutions). If there is no
jurisdiction in the United States District Court for the Eastern
District of Virginia, Alexandria Division, for any such disputes, you
and we agree that exclusive jurisdiction and venue shall be in the
courts of Fairfax County, Fairfax, Virginia."

So, are IGOs like the UN attempting to claim that the registration
agreements are not binding upon themselves? Perhaps the matter they
raised is deeper than we think....if they actually "won" a DRP, how can
they then agree to a jurisdiction in their agreeement with their own
registrar?

If the UN doesn't agree, for example, that "exclusive jurisdiction and
venue shall be in the courts of Fairfax County, Fairfax, Virginia"
perhaps NSI should take back the un.org domain name? (and then the UN
can shift to its un.int domain)

Sincerely,

George Kirikos
http://www.kirikos.com/