A jurisdição da ICANN: desafios atuais e prospectivas futuras

Abstract

The present paper aims to analyze the existing means of assigning jurisdictional immunities to ICANN in order to avoid its submission to the courts and laws of the United States, in such a way that the mission and the proceedings of this organization are not affected. Thus, the methodology employed for the development of the present work consists in the analysis of doctrinal and jurisprudential bibliographic sources, in addition to the relevant legislation. To this end, the paper presents the historical development of the ICANN in order to demonstrate its historic relationship with the United States’ government, as well as the recent transition that created a distance between them. Then, the possibilities to eliminate the United States domestic jurisdiction’s influence on the ICANN will be presented and discussed, which are the internationalization of the organization, the alternation of jurisdictions and the jurisdictional immunities arising from the International Organizations Immunities Act. The first alternative is related to the recognition of ICANN’s international legal personality by the international community, which is unlikely in the short term due to ICANN’s recent transitional context. The second proposal was expressly vetoed in ICANN’s own bylaws, and its implementation is subject to institutional reform. Finally, the latter alternative is the most appropriate for granting ICANN jurisdictional immunities, as it is based on similar precedents and receives significant support from the international community.