Just two comments: First, the applicable law is not the law governing
individual members of the board (persons or corporations) but the law
governing the institution--ICANN.
Second, the law applicable to a contract among institutions is usually the
law in which the contract is made. The internal affairs of the parties can
be governed by different laws and yet the relationship between them can be
governed by the law governing the contract. In addition, contract parties
may determine the laws that govern their relationship. For example, an SO
organized in France can contract with ICANN and agree that the relationship
will be governed by NY law.
Simple! Happy new year.
Tamar
At 10:50 AM 1/14/99 -0500, you wrote:
>Gordon Cook says that Esther Dyson said to him off the record (double
>hearsay with a twist):
>
> "But you have got to understand that half our board is not
>>American and they think the US federal open meetings law is something they
>>should not have to subject themselves to."
>
>Forget for the sake of the following whether or not this was in fact said.
>Treat it as a hypothetical situation where the newly drafted ICANN by-laws
>are getting a reality test:
>
>
>What does California Non-Profit Public Benefit Corporation law say on this
>point?
>
>Does "US federal open meetings law" preempt Cal NPPBC law on the relevant
>point?
>
>OK, what is the relevant law?
>
>Note to SO by-law drafters: whether or not the ICANN by-laws are ambiguous
>on this point, there is still time to make sure the SO by-laws are not
>ambiguous on open meetings.
>
>p.s. I have heard that some folk would like the DNSO to be incorporated in
>Europe. Without addressing the positives of that suggestion, one negative
>that occurs to me is that it might make for a conflict of laws mess when
>ICANN and DNSO make a contract, take a joint action, etc. Make up some
>fact patterns and try them out.
>
>
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