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

[León Felipe Sánchez Ambía]

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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