[Wp4] Discrete issue: Which bylaws formulation

[Paul Twomey]

Tatiana

Would you also include my constant warning (including in the poll) about 
the UN Guiding Principles (especially article 13) running the risk of 
ICANN being held legally liable for the actions of ccTLDs, RIRs and 
other related parities under instructions of authoritarian governments' 
policies?

Best

Paul

On 10/12/15 3:56 AM, Dr. Tatiana Tropina wrote:
> + 1 to supporting option (a) from me.
> I  would go for the minimal bylaw text (ok, with /legal/ instruments 
> in brackets if necessary). I certainly do not support the inclusion of 
> the UN Guiding Principles in the proposed bylaw text even in brackets. 
> We are summarising public comments, and (if I remember correctly) the 
> only opinion there about guiding principles in the statement from 
> Business Constituency that it doesn't support such a reference. 
> Furthermore, even if we are going to include international human 
> rights law instruments, UN Guiding principles won't be the case 
> because they are neither treaty nor declaration. I doubt they can be 
> characterized as "international human rights law". Last but not least, 
> if we make such inclusion it's getting us too far from the second 
> option of proposed bylaw text, which was supported in the public 
> comments (7 of 23).
> I would rather suggest to add a paragraph about the poll results and 
> say there that some of the WP4 member who answered the poll suggested 
> to include the UN Guiding principles into the bylaw. We can discuss 
> this issue further when we will be writing explanatory document to the 
> bylaw text.
>
> Best regards
> Tatiana
>
> On 11/10/15 16:52, Avri Doria wrote:
>> a. do we send just the agreed upon minimal bylaws text?
>> b. or do we also send all the bracketed text?
>>
>> While I have been somewhat ambivalent on this issue, I think there is
>> more support in both the WP and the larger group for minimal text in the
>> bylaw.  I would support option a.
>>
>>
>> avri
>>
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Dr Paul Twomey
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