[gnso-improvem-impl-sc] Deferrals - Key questions / logic points in order to try to achieve consensus

[carlos dionisio aguirre]

My understanding on that.

Key Questions / Issues ·         Do we permit 1st deferrals? ·         Do we require a reason / motivation for deferrals?·         If a reason is required / provided, is it subject to any test?·         Are 1st deferrals automatic or do we subject them to some form of vote / test?·         Can a deferral be overruled?  If so, what is the condition / test to overrule?·         Do we permit 2nd deferrals?·         If we permit 2nd deferrals, do we subject them to some form of vote / test?·         Do we permit 3rd deferrals? My Answers ·         Do we permit 1st deferrals?
Yes·         Do we require a reason / motivation for deferrals?
NO at the first deferral motion. (the reason could be anything) but limited to certain time (I think no more than 21 days)
·         If a reason is required / provided, is it subject to any test?
No, we trust the provider of the reason·         Are 1st deferrals automatically granted or do we subject them to some form of vote / test?
Yes, they are automatically granted·         Can a 1st deferral be overruled?  If so, what is the condition / test to overrule?
Yes, subject to a request from a councillor and a [supermajority] vote of the council to deny - only in cases where the urgency alleged, can be probed
·         Do we permit 2nd deferrals?
Yes·         If we permit 2nd deferrals, do we subject them to some form of vote / test?
Yes, 2nd deferral requires a request from a councillor and a [supermajority] vote of the council to permit - in this case Councillor who raise deferral motion must show to the council  or a) motion had sustantively changed, or b) information for a vote was/is not available, or c) information came after 8 days motion posting.
·         Do we permit 3rd deferrals?
No.  A motion should be voted on or withdrawn at this stage.
Note: I use “withdrawn” not “tabled” as tabled in my English, tabled means put forward / submitted not withdrawn

Carlos Dionisio Aguirre
NCA GNSO Council - ICANN
former ALAC member by LACRALO
Abogado - Especialista en Derecho de los Negocios
Sarmiento 71 - 4to. 18 Cordoba - Argentina -
*54-351-424-2123 / 423-5423
http://ar.ageiadensi.org 


From: jonathan.robinson at ipracon.com
To: gnso-improvem-impl-sc at icann.org
Subject: [gnso-improvem-impl-sc] Deferrals - Key questions / logic points in order to try to achieve consensus
Date: Sun, 24 Jun 2012 09:25:25 +0200

Key Questions / Issues ·         Do we permit 1st deferrals? ·         Do we require a reason / motivation for deferrals?·         If a reason is required / provided, is it subject to any test?·         Are 1st deferrals automatic or do we subject them to some form of vote / test?·         Can a deferral be overruled?  If so, what is the condition / test to overrule?·         Do we permit 2nd deferrals?·         If we permit 2nd deferrals, do we subject them to some form of vote / test?·         Do we permit 3rd deferrals? My Answers ·         Do we permit 1st deferrals?
Yes·         Do we require a reason / motivation for deferrals?
Yes·         If a reason is required / provided, is it subject to any test?
No, we trust the provider of the reason·         Are 1st deferrals automatically granted or do we subject them to some form of vote / test?
Yes, they are automatically granted·         Can a 1st deferral be overruled?  If so, what is the condition / test to overrule?
Yes, subject to a request from a councillor and a [supermajority] vote of the council to deny·         Do we permit 2nd deferrals?
Yes·         If we permit 2nd deferrals, do we subject them to some form of vote / test?
Yes, 2nd deferral requires a request from a councillor and a [supermajority] vote of the council to permit·         Do we permit 3rd deferrals?
No.  A motion should be voted on or withdrawn at this stage.
Note: I use “withdrawn” not “tabled” as tabled in my English, tabled means put forward / submitted not withdrawn 		 	   		  
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