Re: [icann-eu] CALL FOR PAPERS: Global Democracy and the ICANN Elections

[Alexander Svensson <svensson@icannchannel.de>]

Hello Roberto,

Roberto Gaetano wrote on 28.03.01, 01:08:23:
> I think that we should first agree on a terminology.
...absolutely, as I think this is the main reason for our
disagreement. Let me steal a famous definition to show what
I'm using the word legitimacy for: The capacity of the
[political] system to engender and maintain the belief that
the existing [political] institutions are the most appropriate
ones for the society. (Lipset)

If people *perceive* the EU to have an imbalance of powers and
too much bureaucracy, the EU may get a problem with its legitimacy.
People may want their national government too leave or to "get their
money back". The legal transfer of powers from the national level 
to the European level may or may not be sufficient to 'engender and
maintain' the precious belief -- it's only a potential /source/ 
of legitimacy, but not legitimacy itself.

> Member States have adhered to the European Commission before, and to the
> European Union afterwards, via a decision of their respective Governments,
> backed up whenever necessary by a vote of their respective Parliaments, and
> in some cases by an additional referendum.

To me, that sounds more like the question of legal authority.
To ICANNize it: It's equivalent to Michael Froomkin's question whether
the U.S. non-delegation doctrine or the U.S. Administrative Procedures
Act were wrongfully disregarded in ICANN's foundation.

> [...]
> What is widely discussed in Europe is not the "legitimacy", but a better
> definition of the powers of the different European institutions (for
> instance Parliament vs. Council), a better way to increase direct
> participation, the balance of power between the regional institutions and
> the local institutions (States), and thousand of many more subjects.
> But not the legitimacy.
I would (and others do) use the phrase "legitimacy deficit"
for the effects of some of the issues you mention here.

> [...]
> A last note on "anti-Europe".
> I did not think that the statement of Hans Klein was particularly
> "anti-European", and for sure if it even was, it was not intentional.
Sorry for mentioning it then.

> It only comes from one vision of the world in which the essential parameter
> is direct democracy. But this is far from being the only source of
> "legitimacy".
Absolutely. And these sources and criteria may not only be
varying geographically, but e.g. also between technical and
business community -- regional diversity, technical expertise,
output, ?stakeholder? representation, governmental oversight 
etc. to mention only a few.

> Let me make an example to explain my thoughts, before flaming ;>).
>
> Suppose that we have today elections worldwide for the Board of ICANN, and
> that all citizen of the world could participate via Internet.
> This would not be at all the solution to all problems.
> For instance, if ICANN will continue to be a US Corporation, based in
> California, subject to US law and to the US Congress, coordinating
> activities around a root that is under US jurisdiction, with US Chairpersons
> and US CEOs, with staff working under conditions ruled by US contracts,
> ....... well, you see my point.

I do: True regional diversity is one of your criteria for
assessing ICANN's legitimacy. But no need to play it off
against user participation: The At Large election seems to
have worked as a giant ICANN awareness campaign which
has brought new people especially from Asia and Europe who
will pay close attention to regional diversity. 

> But I am sure that some people will be happy, and will state that we have
> achieved democracy and legitimacy, and we have saved the Internet from the
> greedy hands of those International Treaty organizations ;>)

Roberto, you haven't by any chance been working at or for
any of those malicious organizations, have you? ;)

Best regards,
/// Alexander
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