[CCWG-ACCT] Lawyers' High Level Review: Annexes 1, 8, 9, 10, 11
kavouss.arasteh at gmail.com
Mon Jan 25 14:45:14 UTC 2016
Perhaps people totally forgotten that NO IRP SHALL BE INVOKED BY THE COMMUNITY.
FOR GAC ADVICE.
This has been discussed and confirmed .pls refer ti WP 2 and CCWG previous NOTES and REPORTS
Sent from my iPhone
> On 25 Jan 2016, at 10:57, Malcolm Hutty <malcolm at linx.net> wrote:
>> On 24/01/2016 21:32, Greg Shatan wrote:
>> I was halfway through writing an email that said exactly that.
>> This may be due to the lawyers re-interpreting "duly taken into account"
>> in a way that I don't agree with and which I think is incorrect.
> I also agree that this would be a substantial change.
> To support that, I would ask you to consider the follow, not unlikely,
> The GAC has advised the Board to do something, but what it has advised
> is not entirely clearly, and there is certainly ambiguity as to how it
> might be implemented. The Board has then done something. A materially
> affected party, unhappy with the Board's action and preferring an
> alternative that would take a more extreme view of the GAC advice,
> challenges the action in the IRP. The Board takes the view that it has
> taken the GAC's advice into account and that what it has done is
> reasonably consistent with the GAC advice; the complainant argues that
> the action was not consistent with it.
> If the IRP finds that factually the complainant is correct to allege
> that the Board's action was not consisistent with the GAC advice, what
> is the consequence of that? It seems to vary according to which standard
> we choose:
> - If the current standard applies, that the Board "duly take into
> account" GAC advice, the IRP may still find that the Board did do that:
> since they noted the GAC's advice, considered it, and believed (albeit
> incorrectly) that what they were doing constituted a reasonably
> implementation of it, it is hard to say they did not meet this standard.
> The IRP will however order the Board that to bring itself back into
> compliance with the bylaws it must notify the GAC that it has acted
> inconsistently, and try to find a mutually acceptable solution. The
> action, however, may stand: a solution need not necessarily involve
> cancelling the action, but might be found through supplementing the
> action with another.
> - If Holly's standard applies, that the Board "must not act
> inconsistently" with GAC advice, then the mere finding that the Board
> has acted inconsistently invalidates that decision. The action must be
> quashed, if it is possible to do so; failure to do so would consistute
> perpetuating the bylaws breach.
> This is a material change, that may significantly affect the outcome.
> Personally, I do not believe this change is needed or desirable. For
> that reason, I respectfully disagree with accepting Holly's advice on
> this particular case.
> Kind Regards,
> Malcolm Hutty | tel: +44 20 7645 3523
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