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

[Aikman-Scalese, Anne]

Technically I think it would be "balancing among Core Values" rather than "balancing between Core Values".    "Between" would mean only two Core Values are being balanced.  "Among" includes the possibility that three or more Core Values are being balanced.

Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman at lrrc.com
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Lewis Roca Rothgerber Christie LLP
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-----Original Message-----
From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On Behalf Of Niels ten Oever
Sent: Tuesday, November 22, 2016 1:26 PM
To: ws2-hr at icann.org; León Felipe Sánchez Ambía
Subject: Re: [Ws2-hr] FW: My suggestions for tweaking HR Sub-Team questions after yesterday's Legal team call

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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