[Acct-Legal] Request for input on Human Rights questions

[León Felipe Sánchez Ambía]

Dear Sam and John,

I believe we have not had either confirmation of reception nor reply to the questions below. If you have in fact replied, I might have missed it.

Could you please update us on the status of the replies for these questions? When can we expect to have the answers?

As you may be aware we have a plenary call tomorrow and this will be an agenda item so we appreciate any information you can provide.

Best regards,


León

> El 30/11/2016, a las 09:24, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> escribió:
> 
> Dear John and Sam,
> 
> 
> As part of the CCWG-Legal Committee works, we hereby request for your answers to the following questions related to the HRs subgroup:
> 
> 1.       With respect to ICANN legal’s understanding of the definition
> of “applicable law”:
> 
> a.       Has ICANN legal developed an understanding of the meaning of
> the term “applicable law”?
> 
> b.      If so, does that understanding apply in the context of the new
> bylaw at Article 1.2(b)(viii)?
> 
> c.       Would the following definition of “applicable law,” currently
> under consideration by the CCWG WS2 Sub-Team on Human Rights, be
> consistent with either or both of those?:
> 
> <quote>: Applicable law refers to the body of law that binds
> ICANN at any given time, in any given circumstance and in any relevant
> jurisdiction. It consists of statutes, rules, regulations, etcetera,
> as well as judicial opinions, where appropriate. It is a dynamic
> concept inasmuch as laws, regulations, etcetera, change over time.
> Applicable law can have disparate impacts on ICANN around the globe:
> for example, if ICANN employs personnel in different jurisdictions
> then it must observe the appropriate labour laws in those various
> locales. Applicable law is thus a large body of law that eludes our
> ability to catalogue, but it is ascertainable in the context of a
> specific question or issue. </quote>
> 
> d.      Please share the applicable understanding(s).
> 
> 2.       In the view of ICANN legal, what does the term “Respect” mean
> according to the bylaws (in relation to Core Values)?
> 
> 3.       In the view of ICANN legal, what is the relationship between
> core values and commitments in general; and the HR core value and
> commitments in particular?
> 
> 4.       In the view of ICANN legal, how does the balancing process
> between core values, as described in the bylaws, take place?  Is it
> documented?
> Saludos,
> 
> As the answers to these questions will enable to continue the work of the Human Rights sub-group on different topics, we would kindly ask to have an answer to them at your earliest convenience.
> 
> Kind regards,
> 
> 
> 
> León
> 

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