[Ws2-hr] FW: My suggestions for tweaking HR Sub-Team questions after yesterday's Legal team call

[León Felipe Sánchez Ambía]

Thanks Niels!

As soon as I get ok from the Legal Committee, I will forward these questions to ICANN legal.


Best regards,


León

> El 22/11/2016, a las 14:25, Niels ten Oever <lists at nielstenoever.net> escribió:
> 
> Thanks Leon and David,
> 
> This seems OK with me, I've changed 'progress' into 'process' as
> suggested by Jorge Cancio, and added 'In the view of ICANN legal' to
> question 2-4.
> 
> I am greatly looking forward to the response of ICANN legal.
> 
> Best,
> 
> Niels
> 
> 
> 1.       With respect to ICANN legal’s understanding of the definition
> of “applicable law”:
> 
> a.       Has ICANN legal developed an understanding of the meaning of
> the term “applicable law”?
> 
> b.      If so, does that understanding apply in the context of the new
> bylaw at Article 1.2(b)(viii)?
> 
> c.       Would the following definition of “applicable law,” currently
> under consideration by the CCWG WS2 Sub-Team on Human Rights, be
> consistent with either or both of those?:
> 
> <quote>: Applicable law refers to the body of law that binds
> ICANN at any given time, in any given circumstance and in any relevant
> jurisdiction. It consists of statutes, rules, regulations, etcetera,
> as well as judicial opinions, where appropriate. It is a dynamic
> concept inasmuch as laws, regulations, etcetera, change over time.
> Applicable law can have disparate impacts on ICANN around the globe:
> for example, if ICANN employs personnel in different jurisdictions
> then it must observe the appropriate labour laws in those various
> locales. Applicable law is thus a large body of law that eludes our
> ability to catalogue, but it is ascertainable in the context of a
> specific question or issue. </quote>
> 
> d.      Please share the applicable understanding(s).
> 
> 2.       In the view of ICANN legal, what does the term “Respect” mean
> according to the bylaws (in relation to Core Values)?
> 
> 3.       In the view of ICANN legal, what is the relationship between
> core values and commitments in general; and the HR core value and
> commitments in particular?
> 
> 4.       In the view of ICANN legal, how does the balancing process
> between core values, as described in the bylaws, take place?  Is it
> documented?
> 
> 
> 
> 
> On 11/22/2016 08:37 PM, León Felipe Sánchez Ambía wrote:
>> Dear David,
>> 
>> Thanks for this. As soon as we have OK from the HR Sub-group, I will be
>> happy to forward the questions to ICANN legal.
>> 
>> 
>> Saludos,
>> 
>> 
>> 
>> León
>> 
> 
> -- 
> Niels ten Oever
> Head of Digital
> 
> Article 19
> www.article19.org
> 
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