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

[Samantha Eisner]

Hi Leon -

We are completing the response to the HR questions and they will be submitted today.

Thanks,

Sam
-
Samantha Eisner
Deputy General Counsel, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California 90094
USA
Direct Dial: +1 310 578 8631

From: León Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>>
Date: Tuesday, December 13, 2016 at 11:10 AM
To: Samantha Eisner <samantha.eisner at icann.org<mailto:samantha.eisner at icann.org>>, John Jeffrey <JJ at ICANN.org<mailto:JJ at ICANN.org>>
Cc: "ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>" <ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>>, MSSI Secretariat <mssi-secretariat at icann.org<mailto:mssi-secretariat at icann.org>>
Subject: [EXTERNAL] Re: Request for input on Human Rights questions

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<mailto: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



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ccwg-accountability5/attachments/20161213/b1e41ad2/attachment.html>