Re: Conflict resolution?

[Tony Rutkowski <amr@netmagic.com>]

Gervaise

>>>>>Tony, the problem is not liability, but the ability of IAHC or 
>its parent to create agreement on international legal issues like the 
>treatment of TM's --- business and legal folks have tried for years 
>to do this and are years from any agreement.  TM law is national in 
>nature and IAHC is not going to be to internationalize it by rules, 
>suggestions, or force - all we will do is create obstacles to 
>cooperation if a group with a majority of US members gets involved in 
>this mess.  My telecommunications lawyer friends tell me that the ITU 
>is probably the worst international organization of all in resolving 
>things of a common concern internationally.

You are absolutely right on the issue of creating agreements.
That is why the US Administration's NOIs on these and other Internet
related issues will be critical public forums.  Typically they are
conducted with an international orientation, and are done in
a coordinated fashion with many other organizations and 
administrations around the world, and involve a broad cross-section
of the public and business communities.  However, there will still be
residual liability issues, because despite any agreements, disputes
will certainly continue to arise.  One of the advantages of 
public international organizations is their freedom from such
liabilities.  Of course, choice of incorporation/operation
venue is another way to minimize the liability.

As to choice of forum - that needs to be well considered.  The ITU
criticism seems overly broad.  It is basically a technical-operational
organization, and it has enjoyed widespread support for its ability to
deliver international agreements working together with operators - an
unusual feature among public international organizations.  Its been
highly successful in doing this since the first legislative conference
was held in 1850 and the Berne Bureau (the original ITU Secretariat)
was set up in the legendary Louis Curchod's apartment in 1879.  As
every new telecommunication technology came along, operators gravitated
to the ITU.

However, because of its engineering orientation, the ITU has never
developed any significant dispute resolution mechanisms, nor have
they been much used.


cheers,
--Tony