[At-Large] Fwd: Re: Follow-up on an enquiry during Durban Public Forum
carlton.samuels at gmail.com
Wed Nov 13 17:12:46 UTC 2013
On Sun, Nov 10, 2013 at 10:27 AM, Karl Auerbach <karl at cavebear.com> wrote:
> In the law of contracts there is a principle of law known as Third Party
> Beneficiary Rights. This is a means through which third parties, who
> are not themselves direct parties to a contractual relationship can
> obtain powers to enforce and compel the obligations of that contract
> upon the direct parties.
> It is time to clearly recognize and specifically declare that ICANN's
> web of contracts imbues domain name registrants and domain name users
> with defined third party beneficiary rights that they may enforce upon
> registrars and registries, and upon ICANN itself, even in the absence of
> ICANN's participation, even in the absence of ICANN's consent.
I am now unanimous that absent Third Party Beneficiary Rights ingrained in
present dispensation, end users will always be disadvantaged. +1.
Or, an entirely new framework must emerge.
Carlton A Samuels
*Strategy, Planning, Governance, Assessment & Turnaround*
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