[CCWG-ACCT] Regarding ICANN's adherence to "international law"

[David Post]

At 08:16 PM 3/14/2015, Bruce Tonkin wrote:
>Under its Articles of Incorporation ICANN 
>already operates “for the benefit of the 
>Internet community as a whole, carrying out its 
>activities in conformity with relevant 
>principles of international law and applicable 
>international conventions and local 
>law.”   See: https://www.icann.org/en/about/governance/articles
>
>The Independent Review Process allows parties to 
>challenge Board decisions that are inconsistent 
>with the Articles of Incorporation or Bylaws.
>
>[SNIP]

Just by way of clarification, while it's true 
that the IRP allows parties "to challenge Board 
decisions that are inconsistent with the Articles 
of Incorporation or Bylaws," the IRP panel does 
not have the power to actually decide the 
question of whether or not a Board decision WAS 
inconsistent with the Articles or Bylaws.  See Bylaws, Art IV sec 3(4):

"The IRP Panel must apply a defined standard of 
review to the IRP request, focusing on:
    * did the Board act without conflict of interest in taking its decision?;
    * did the Board exercise due diligence and 
care in having a reasonable amount of facts in front of them?; and
    * did the Board members exercise independent 
judgment in taking the decision, believed to be 
in the best interests of the company?"
That's a much narrower scope of inquiry than 
whether the Board acted outside the ByLaws, for example.

David

*******************************
David G Post - Senior Fellow, Open Technology Institute/New America Foundation
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