ICANN : a global administrative law perspective

Abstract

This thesis is an attempt to understand the multistakeholder model of governance within the Internet Corporation for Assigned Names and Numbers (ICANN) through the lens of Global Administrative Law (GAL). ICANN is presented within GAL scholarship as a successful example that has incorporated principles found within GAL. This thesis questions that notion, and presents a narrative of ICANN that demonstrates some of the normative issues underlying the incorporation of GAL principles. In this thesis, I argue that ICANN does not neatly fit into the GAL narrative and is in fact an attempt akin to fitting a square peg into a round hole, by ignoring the salient features of ICANN. Ultimately, I believe that this enquiry will contribute to GAL scholarship as well as the present understanding of ICANN. For the former, this thesis discusses the most important principles of GAL, namely accountability, transparency, participation and engagement, and publicness. For the latter, this thesis highlights the shortcomings of ICANN and gives a yardstick on which ICANN could be measured.