[gnso-improvem-impl-sc] Proposal Regarding GNSO WG Definitions of Decision-Making Levels

Shatan, Gregory S. GShatan at reedsmith.com
Fri Apr 18 18:42:04 UTC 2014


I am sending to the entire SCI a proposal relating to the "consensus (etc.) against" issue we have been discussing.  This was circulated to the subteam (Amr, Cintra, Thomas and Mary) earlier this week.  Based on discussions in and after Singapore, this proposal does not change the Decision-Making Levels language in the text of the PDP Manual.  Instead, this proposal contains a new explanatory footnote appended to the list of existing consensus levels.

(Please note that I have included the discussion of "divergence" in the footnote because a few people in the IGO/INGO Working Group insisted that the situation should be described as "Divergence" even though it was clear that a strong majority of the Working Group had coalesced around a position actively opposing a recommendation. While their position was (in my opinion) more political than logical, I thought it should be dealt with nonetheless.)

I suggest that, if and when this is handed up to the GNSO Council, we should note to the Council that we found a number of notable linguistic/drafting flaws in the consensus levels.  However, after prior revisions and deliberation, we restrained ourselves from fixing these flaws at this time so that the "consensus against" issue could be dealt with in isolation and with clarity.  I suggest that we recommend that the drafting issues be dealt with in the near future.

I look forward to your comments.

Best regards,


Gregory S. Shatan
Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
212.549.0275 (Phone)
917.816.6428 (Mobile)
212.521.5450 (Fax)
gshatan at reedsmith.com

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