[Gnso-igo-ingo-crp] Any update on Swaine report?

Wed Feb 17 15:33:02 UTC 2016

Thanks for the status update, Phil. It's important to have the report
done properly, rather than have it be rushed. If it gets rushed and is
done incorrectly, it might need to be redone, causing even further
delays.

>From what you've said, it seems he might be on the right track,
consistent with the PDP's observations and findings over the past 18
months (e.g. the Canadian Supreme Court decision served as but one
example that countered the 'absolutist' approach espoused by some of
the IGOs, and of course we've discussed the other examples; I look
forward to seeing what the Professor considered, once a more complete
draft becomes available).

In terms of the timing of our work, is there anything else that PDP
members can do in the meantime, in parallel to the professor's
research? e.g. have the IGOs ever responded to our letters requesting
hard data? Or shall we simply assume, given the passage of time, that
they will simply rely upon general assertions, instead of true
evidence to support their positions? (in which case, the PDP members
should accordingly give little weight to their unsupported assertions)

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/

On Wed, Feb 17, 2016 at 10:12 AM, Phil Corwin <psc at vlaw-dc.com> wrote:
> George:
>
>
>
> Thanks for your inquiry.
>
>
>
> Here's the state of play--
>
> ·         Last week we received a draft from Prof. Swaine. The draft was
> incomplete in that it did not yet contain conclusions. It is quite
> comprehensive on the interface of sovereign immunity and IGOs and
> demonstrates that this area is not fully developed or uniform, that a great
> deal of discretion is left to individual nations to determine the scope of
> recognized immunity, and that some considerations argue for waiver in the
> UDRP context as being acceptable, while others may lead to a contrary
> conclusion.
>
> ·         Due to travel schedules, the first time that Petter and I had a
> chance to discuss the draft with ICANN staff was yesterday. We are seeking
> to schedule a call with Prof. Swaine later this week if at all possible to
> raise various questions and issues as well as to determine what his
> preliminary conclusions are..
>
> ·         Our hope is to get a more complete draft distributed to all WG
> members as soon as possible, and certainly prior to the Marrakech meeting.
> Once we speak with Prof. Swaine we will schedule a WG call for either
> February 24 or March 2 (I depart for Marrakech on March 3) to prepare for
> our Marrakech meeting.
>
> ·         At our meeting in Marrakech, we intend to seek comments on the
> draft from all WG members, as well as from IGOs and GAC members. (Staff-do
> we as yet have a time and date for our WG meeting?) Following Marrakech we
> intend to move forward expeditiously on our work using the report as a basis
> for determining our course.
>
> Let me know if you have any additional questions at this time.
>
>
>
> Best regards, Philip
>
>
>
> Philip S. Corwin, Founding Principal
>
> Virtualaw LLC
>
> 1155 F Street, NW
>
> Suite 1050
>
> Washington, DC 20004
>
> 202-559-8597/Direct
>
> 202-559-8750/Fax
>
> 202-255-6172/cell
>
>
>
> Twitter: @VlawDC
>
>
>
> "Luck is the residue of design" -- Branch Rickey
>
>
>
>
>
> -----Original Message-----
> From: George Kirikos [mailto:icann at leap.com]
> Sent: Tuesday, February 16, 2016 4:33 PM
> To: Phil Corwin
> Cc: gnso-igo-ingo-crp at icann.org
> Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report?
>
>
>
> I just wanted to followup and see how things are progressing. If we don't
> get the draft Swaine report soon, then that means we're looking at sometime
> in March for our next teleconference? (i.e. there's no meeting tomorrow, and
> it wouldn't make sense to have a meeting next Wednesday unless the report
> was provided before the weekend, so folks can digest it and have informed
> comments/discussions).
>
>
>
> Sincerely,
>
>
>
> George Kirikos
>
> 416-588-0269
>
> http://www.leap.com/
>
>
>
>
>
> On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc at vlaw-dc.com> wrote:
>
>> Happy New Year, George.
>
>>
>
>> We have checked with Professor Swaine and are expecting a draft document
>> very soon, possibly later this week. As soon as we receive it we will be
>> back in touch with the WG.
>
>>
>
>> Best, Philip
>
>>
>
>> Philip S. Corwin, Founding Principal
>
>> Virtualaw LLC
>
>> 1155 F Street, NW
>
>> Suite 1050
>
>> Washington, DC 20004
>
>> 202-559-8597/Direct
>
>> 202-559-8750/Fax
>
>> 202-255-6172/cell
>
>>
>
>> Twitter: @VlawDC
>
>>
>
>> "Luck is the residue of design" -- Branch Rickey
>
>>
>
>>
>
>> -----Original Message-----
>
>> From: gnso-igo-ingo-crp-bounces at icann.org
>
>> [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of George
>
>> Kirikos
>
>> Sent: Tuesday, January 26, 2016 6:16 PM
>
>> To: gnso-igo-ingo-crp at icann.org
>
>> Subject: [Gnso-igo-ingo-crp] Any update on Swaine report?
>
>>
>
>> Hi folks,
>
>>
>
>> Happy New Year.
>
>>
>
>> It's been a while, so I just wanted to see if we have any news/updates
>> regarding the Swaine report?
>
>>
>
>> Sincerely,
>
>>
>
>> George Kirikos
>
>> 416-588-0269
>
>> http://www.leap.com/
>
>> _______________________________________________
>
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>
>> Gnso-igo-ingo-crp at icann.org
>
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>
>>
>
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