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

[León Felipe Sánchez Ambía]

Dear Sam and John,

Are you receiving my emails?


Best regards,


León

> El 12/12/2016, a las 07:59, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> escribió:
> 
> 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 <mailto: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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