[CCWG-ACCT] Stress Test 18: bylaw amendment suggestion

[Jorge.Cancio at bakom.admin.ch]

Sorry: my prior message got sent too soon...

what I intended to remark: I think that the current wording on the "mutually agreed solution process" which is specific to the GAC would not change.

Hence: 1) it would remain as an obligation to "try" to find such a mutually accepted solution. 2) the Board would in any case retain ultimate decision (current letter "k").

regards

Jorge

Von meinem iPhone gesendet

> Am 11.11.2015 um 06:18 schrieb Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>:
> 
> Dear Avri
> 
> As far as I understand it, ther
> 
> Von meinem iPhone gesendet
> 
>> Am 11.11.2015 um 00:37 schrieb Avri Doria <avri at acm.org>:
>> 
>> 
>> 
>> On 09-Nov-15 11:28, Pedro Ivo Ferraz da Silva wrote:
>> 
>> */_if not followed, requires finding mutually agreed solutions for
>> implementation of that advice_/*
>> 
>> The current bylaws state:
>> 
>>> The Governmental Advisory Committee and the ICANN Board will then try,
>>> in good faith and in a timely and efficient manner, to find a mutually
>>> acceptable solution.
>> 
>> 
>> I am wondering whether the the words 'try , in good faith and in a
>> timely and efficient manner, ' were accidentally dropped from the newly
>> proposed formulation.
>> 
>> Form my perspective there is a world of difference between requiring a
>> genuine attempt to find a mutually acceptable solution and the
>> requirement for finding one.
>> 
>> In one case if the attempt fails, the Board is still free to make a  to
>> reject the advice.  In the later, the Board seems bound to find a
>> mutually agreed upon solution without the abilty to reject the advice if
>> no such solution can be found.
>> 
>> Can someone clarify this for me?  I accept that having missed a few
>> meeting lately, my understanding may be lagging, but that is my reason
>> for returning to the proposed and existing language.
>> 
>> thanks
>> 
>> avri
>> 
>> 
>> 
>> 
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