[Acct-Legal] Fwd: [Ws2-hr] FW: My suggestions for tweaking HR Sub-Team questions after yesterday's Legal team call

[Greg Shatan]

I support this latest version.

Greg Shatan

On Tue, Nov 22, 2016 at 3:51 PM, León Felipe Sánchez Ambía <
leonfelipe at sanchez.mx> wrote:

> Dear all,
>
> We have OK from the HR subgroup with two minor edits from Niels.
>
> If I receive no comments or opposition from anyone on this Legal Committee
> list by Wednesday 23 November at 23:59 UTC, then I will forward these
> questions to ICANN legal.
>
>
> Best regards,
>
>
> León
>
> Inicio del mensaje reenviado:
>
> *De: *Niels ten Oever <lists at nielstenoever.net>
> *Asunto: **Re: [Ws2-hr] FW: My suggestions for tweaking HR Sub-Team
> questions after yesterday's Legal team call*
> *Fecha: *22 de noviembre de 2016, 14:25:56 GMT-6
> *Para: *ws2-hr at icann.org, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx
> >
>
> Thanks Leon and David,
>
> This seems OK with me, I've changed 'progress' into 'process' as
> suggested by Jorge Cancio, and added 'In the view of ICANN legal' to
> question 2-4.
>
> I am greatly looking forward to the response of ICANN legal.
>
> Best,
>
> Niels
>
>
> 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?
>
>
>
>
> On 11/22/2016 08:37 PM, León Felipe Sánchez Ambía wrote:
>
> Dear David,
>
> Thanks for this. As soon as we have OK from the HR Sub-group, I will be
> happy to forward the questions to ICANN legal.
>
>
> Saludos,
>
>
>
> León
>
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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>
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