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

Tue Nov 22 21:26:52 UTC 2016

Merriam Webster gives the meanings of “respect” shown below.  I believe that in the context of the Bylaw, the word refers to the first and second meanings below as well as to the very balancing of Core Values and reaching an appropriate policy in each instance just as we are discussing in developing the FOI - HR.

noun re·spect \ri-ˈspekt\

Popularity: Top 1% of lookups

Simple Definition of respect

    : a feeling of admiring someone or something that is good, valuable, important, etc.

    : a feeling or understanding that someone or something is important, serious, etc., and should be treated in an appropriate way

    : a particular way of thinking about or looking at something

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com

_______________________________

Lewis Roca Rothgerber Christie LLP

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Tucson, Arizona 85701-1611

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-----Original Message-----
From: Aikman-Scalese, Anne
Sent: Tuesday, November 22, 2016 2:07 PM
To: 'Niels ten Oever'; 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

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<mailto:AAikman at lrrc.com>

_______________________________

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

lrrc.com

-----Original Message-----

From: ws2-hr-bounces at icann.org<mailto: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<mailto: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<http://www.article19.org>

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