[CCWG-ACCT] Legal question

Dr Eberhard Lisse el at lisse.NA
Tue Apr 21 11:25:16 UTC 2015

Dear Co-Chairs,

could you please explain to the gentleman from the IPC that it is NOT
possible for ccTLD Managers, whether they are members of the ccNSO or
not to become a "member organization" (as we are discussing here).

Unless EACH and EVERY ccTLD Manager formally joins such organization
such organization will not have any standing. At all.

ccTLD Managers have a bilateral relationship with ICANN, if at all and
this we MUST establish, as per my numerous requests.

This is similar to the GAC, I really don't think that it will be even
possible, unless by Multilateral Treaty between all states participating.

But even if it happened, the very nature of how governments make
decisions in international fora (very, very few governments allow other
governments to "speak for", or commit it to something, on principle),
make this unwieldy and unlikely.

greetings, el

On 2015-04-21 08:35, Greg Shatan wrote:
> Chris,
> The simple answer is that the SOACs as currently configured are not
> a very good vehicle for many of the enhanced powers we seek. Once you
> make them into members and give them legal personhood everything else
> becomes much easier. 
> However, you assumed no change to the SOACs, which made the answers much
> harder.
> Greg
> On Tuesday, April 21, 2015, Chris Disspain <ceo at auda.org.au
> <mailto:ceo at auda.org.au>> wrote:
>     Greg, All,
>     With respect, I think we are overcomplicating the issue. I simply
>     want to gain a base line for the discussion about any changes
>     necessary  to achieve what we want. We agreed on jurisdiction that
>     if we can get acceptable escalations and remedies without changing
>     jurisdiction then we should leave well alone for now, I think we
>     should apply the same principle here. I am clear what the lawyers
>     recommend we do BUT I am not clear about what we can do or what
>     compromises we need to make if we were to maintain the current
>     structure. I think that is a key part of our deliberations. 
>     Cheers,
>     Chris
Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
PO Box 8421             \     /
Bachbrecht, Namibia     ;____/

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