[WP1] Inherent powers of CMSM

[Malcolm Hutty]

Here is the text I propose to be added to the CMSM section, to reflect
the inherent powers of the CMSM.


In Section 5A.1 at the end, after where it says:

"Under these arrangements the decisions and powers of the CMSM could be
enforced through the internal IRP process with the force of binding
arbitration and, if necessary, further backed through judicial proceedings."

Add:

"In circumstances where the Bylaws provide for the resolution of
disputes between ICANN and other parties through the IRP process, the
CMSM will also have the ability to require ICANN to enter into the IRP
process and abide by its outcome, should it not do so voluntarily. This
power to require ICANN to abide by its Bylaws arises automatically from
its status as a member of the corporation and can, if necessary, be
further backed through judicial proceedings."

I believe many people who have been waiting for the outcome of the CCWG
will be looking for this assurance.

If the lawyers wish to wordsmith my text, that's fine, but it needs to
reflect this basic capability.

Malcolm.


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            Malcolm Hutty | tel: +44 20 7645 3523
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