[Wp4] Discrete issue: Which bylaws formulation

[Paul Twomey]

Nigel

I am of a similar view as Tatiana's below.

My stated concern has always been with some subset sections of the 
Ruggie principles.  Not necessarily with UDHR.

Paul

On 10/12/15 6:22 AM, Dr. Tatiana Tropina wrote:
> Nigel,
> I think there is confusion about the matter we are actually trying to
> discuss here, namely, which instruments should stay in the bracketed text.
> You refer to UDHR - but it's not the issue. A reference to UDHR was
> suggested in the group discussion and we decided that it will stay in
> the bracketed text of the proposed bylaw language as one of the choices.
> I am for more general bylaw language, but I can live the inclusion of
> UDHR and other two legal instruments proposed because they reflect
> international human rights law. So this bracketed text will stay in the
> proposed language anyway.
> The discussion here, however, focuses on the inclusion of the Ruggie
> principles, not UDHR. And whatever issue is raised as a potential
> concern - be it legal issue, potential liability or just simply the
> absence of even a rough consensus between the members of the group on a
> possible inclusion of Ruggie principles into the bylaw language and
> possible consequences of such inclusion - it means, IMHO, that we can't
> propose to include UN Guiding principles.
> Proper legal instruments, such as UDHR, will stay in brackets as a
> possible choice in any case.
> That's how I see it.
> Best regards
> Tatiana
>
> On 11/10/15 21:00, Nigel Roberts wrote:
>> Paul
>>
>> What legal connection does ICANN have to ccTLDs that would make it
>> potentially liable in the way you suggest.
>>
>> This is a serious question. You have raised it as a /legal/ issue here.
>>
>> I repeat my submission that to omit a reference to the applicable
>> human rights standard (UDHR) instrument could potentially make ICANN
>> liable under other instruments.
>>
>> On 11/10/15 19:51, Paul Twomey wrote:
>>
>>> ICANN being held legally liable for the actions of ccTLDs, RIRs and
>> _______________________________________________
>> Wp4 mailing list
>> Wp4 at icann.org
>> https://mm.icann.org/mailman/listinfo/wp4
>
> _______________________________________________
> Wp4 mailing list
> Wp4 at icann.org
> https://mm.icann.org/mailman/listinfo/wp4
>

-- 
Dr Paul Twomey
Managing Director
Argo P at cific

US Cell: +1 310 279 2366
Aust M: +61 416 238 501

www.argopacific.com