[gnso-improvem-impl-sc] Deferral of motions

KnobenW at telekom.de KnobenW at telekom.de
Thu Sep 6 11:18:26 UTC 2012


I wanted to follow-up on the level of what seemed to be a common opinion how to handle deferrals in future. Fortunately J. Scott took over to draft a text for a related SCI recommendation.
To my understanding it would be helpful to describe clearly the "safety valve" you mentioned as well as using the words "courtesy" and "discretion of the chair" in the right context.

I attach the related transscript part from our meeting - hoping it can be of assistance:

J. Scott Evans: I think I can handle Avri's concern regarding codification because my suggestion is not that we state anything. I think what we would say is our recommendation is that the practice would stay as it is currently and that it be looked at by staff. And if, you know, to be raised at another time if there's abuse or something to that effect.
But in our reasoning we would state that the reason we have left it the same is we believe that there is a safety valve because this is a organic process that developed as a courtesy under the discretion of the chair. Okay?
And that that - there is nothing that prescribes the chair in its - in his or her discretion from denying this type of courtesy. And that can either be done at the chair's own behest or another mechanism, for example, putting it to a vote of the Council.
But not to put that in some sort of rules but to put that in our reasoning to say we believe the safety valve is already there. But I think we need to clearly annunciate what that safety valve is so that a chair can say well this has been looked at and I'm going to exercise the discretion that everyone - the community has agreed that I have in this instance and I'm going to proceed as X.
So that's - I'm not talking about making a rule; I'm just talking about somehow putting in there a reasoning that - picking up on Avri's point. It's in the discretion; okay well tell them that's the reason we're leaving it the way it is. Don't have it out there so people assume because I do believe Stéphane believed his hands were tied and he didn't have a discretion to do anything else.
And if we believe it's within his discretion then I think we need to tell the community that's what we think.
Wolf-Ulrich Knoben: Yes.
J. Scott Evans: I don't think it has to be any heavy-handed rule.
Wolf-Ulrich Knoben: Thank you, J. Scott. Well I - what I've seen here right now in the chat is, well, agreement from Ray, from Ron. I think Avri is raising her hand. I would - if that is possible - and I would appreciate if you - could you write down some - in some small sentence, right, what you have said. So - and provide it on the list to us so that we can see that reasoning in written form.
So - and then we have a chance, well, maybe that we can come on - oh, thank you very much - you agree. Thanks very much. Avri.
Avri Doria: Yeah, the only thing I wanted to say is if we stop at this is a courtesy given at the discretion of the chair, period, I can live with that. Once we start going further and saying and she can defer it and she can do a vote or she could then I start to have issues in that we're starting to make rules.
If we say in our reason this is originally a courtesy; this remains a courtesy except in PDPs at the, you know, at the discretion of the chair and just leave it at that without trying to push the chair one way or another.

Mit freundlichen Grüßen
Best regards
Wolf-Ulrich Knoben

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