[Ws2-hr] Report to CCWG

[Rudolph Daniel]

And I'd like to add this link on 'applicable law'  a definition

https://definedterm.com/applicable_law

RD

On Oct 19, 2016 7:28 PM, "Nigel Roberts" <nigel at channelisles.net> wrote:

For the avoidance of doubt, I don't think that Paul and I are on the same
page.

But that notwithstanding, I pretty much concur with Erich's comment.


On 19/10/16 23:32, Schweighofer Erich wrote:

> I agree with this analysis of Paul McGrady and Nigel Roberts.
> ICANN has to respect laws in the countries it is operating. Human rights
> standards differ and it is not the obligation of ICANN to enforce these.
> This is the role of human rights bodies.
> BUT: ICANN is operating also at the international level (as some sui
> generis organisation) and as such it has accepted to respect international
> human rights law (e.g. the Universal Declaration on Human Rights, the human
> right conventions, without any reservations, with a sufficiently strong
> ratification status, e.g. more than 80 countries etc.). ICANN has also to
> respect regional human rights law (e.g. European Convention on Human
> Rights, American Convention on Human Rights) and other instruments like the
> Cairo Declaration on Human Rights in Islam (CDHRI).
> Thus: ICANN as an organisation respects human rights, maybe also in some
> ethical version (like the "Ruggie Principles", but I remain sceptical). As
> long as local jurisdictions respect ICANN's autonomy, it is fine.
> Otherwise, local jurisdiction superposes ICANN's obligations. ICANN may
> report to human rights bodies and they have to take on this issue.
>
> Best regards, Erich Schweighofer
>
> -----Ursprüngliche Nachricht-----
> Von: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] Im
> Auftrag von Paul McGrady
>
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