[Gnso-igo-ingo-crp] Response from international law expert

Mary Wong mary.wong at icann.org
Mon Mar 9 23:19:44 UTC 2015


Dear WG members,

We have received a response from Mr. Hans Corell, the international law
expert to whom we had sent the list of questions on sovereign immunity,
prepared in consultation with our WG co-chairs Petter and Phil. Mr. Corell
is a former Swedish diplomat and was from 1994-2004 the
Under-Secretary-General for Legal Affairs and Legal Counsel for the United
Nations. He is presently an adviser to a number of international bodies,
including ICANN and the International Bar Association, where he is the
current Co-Chair of the Council of the Human Rights Institute. I attach a
copy of his full CV to this email, but you can also see his professional
biography and current appointments here:
http://www.havc.se/PresentEngagements.htm and
http://www.havc.se/res/SelectedMaterial/20140721shortbio.pdf.

In order to try to gain an initial understanding of the scope of the
international legal principle of sovereign immunity as it applies to IGOs,
we provided Mr. Corell with some basic background information into our work
and the reason for asking the specific questions we enclosed. We did not,
however, go into detail about the progress and workings of the WG, including
our interaction with the IGOs ­ so you will see from his response that some
of his comments are based on general rather than more specific information.
You will see also that he has certain questions for the WG, which may be
helpful avenues for follow up.

As such, staff thought that the WG may wish to discuss both Mr. Corell¹s
answers to the questions that were posed to him as well as possible
follow-up action on the WG call this Wednesday. For instance, we could
develop a subsequent set of questions  that we can provide along with a note
summarizing the IGOs¹ position on the matter, so that he can provide us with
more detailed input.

Please note that Petter and Phil have not yet had a chance to review Mr.
Corell¹s response. Do note also that representatives of the UN legal counsel
were participants in the original IGO-INGO PDP WG that preceded our work,
and I believe may also be represented in the IGO ³small group² that sent us
their January 205 response. As such, a further point for WG discussion may
be how we follow up with the IGO ³small group² after having reviewed their
and Mr. Corell¹s response.

For completeness I attach also a copy of the initial note and questions that
were sent to Mr. Corell.

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org







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