[CWG-Stewardship] authorization function for ccTLDs

[Milton L Mueller]

I have some questions regarding this: 

"The CWG is considering replacing the authorization role, at least with regard to ccTLDs, with a written opinion from counsel (independent of ICANN) that each delegation and re-delegation request meets the policy requirements cited in the publicly posted reports." 

Where would this counsel come from? 
Whose counsel is it if it is independent of ICANN and ICANN is supplying the IANA service? 
Since most of the policy requirements related to ccTLD delegation/redelegation are not laws, but things like RFC 1591, on what basis is the counsel's opinion made? Precedent? 

Milton L. Mueller
Laura J. and L. Douglas Meredith Professor
Syracuse University School of Information Studies
http://faculty.ischool.syr.edu/mueller/mueller/Home.html