[gnso-igo-wt] Follow up from IGO Work Track Team Meeting | Monday, 09 August 2021 at 15:00 UTC

Mary Wong mary.wong at icann.org
Thu Aug 12 18:08:23 UTC 2021 

Hello everyone,

To facilitate your continuing discussion about the scope of the proposed definition of “IGO Complainants” (specifically, whether the additional language circulated yesterday about the United Nations’ standing committees and Specialized Agencies is needed), and following Paul’s confirmation that the main point is that the relevant IGO must have “received a standing invitation to participate as an observer in the sessions and the work of the United Nations General Assembly”, staff hopes that posting the following clarifying questions are helpful:


  *   Do Work Track members agree that the above-quoted language – which, as Chris noted on Monday’s call, is taken from the GAC’s criteria for the IGO List that it submitted to ICANN in 2013 – is understood to include the work of the committees and entities within the United Nations General Assembly structure that allow participation by observers in possession of such standing invitations? If so, then there may not be any reason to add the new highlighted text.
  *   Similarly, do Work Track believe that the work of the UN’s fifteen Specialized Agencies (such as the ITU, WHO and WIPO, where these agencies allow for participation by standing observers) are also already covered, either by the above-quoted language about the General Assembly, or by the text regarding “a distinct entity, organ or program of the United Nations” (which is also language from the GAC’s criteria for its IGO list)? If so, then again there appears to be no reason to add the new highlighted text.

For context, here is some additional information:


  *   To the first question, as to the scope of the work of the United Nations General Assembly:
     *   The General Assembly’s Rules of Procedure explicitly provide that it “may establish such committees as it deems necessary for the performance of its functions”, in addition to its six Main Committees (see Rule 96: https://undocs.org/pdf?symbol=A/520/Rev.19#page=51).
     *   The General Assembly also consists of a number of programs and entities (such as the UNDP, UNICEF and UNHCR).
  *   To the second question, as to the UN’s Specialized Agencies within the UN system:
     *   Here is a diagram depicting the UN system: https://www.un.org/en/pdfs/un_system_chart.pdf; and here is the current list (as noted in the Zoom chat on Monday’s call) totalling 110 non-member states, entities and IGOs that have received a standing invitation to participate in the General Assembly’s work and sessions: https://undocs.org/A/INF/75/3.
     *   To Juan-Manuel’s point below, the African Development Bank and the Asian Development Bank are two of the IGOs that have the relevant standing invitations, in line with the current text in the Work Track’s proposed definition.

Please let us know if we can be of further assistance in helping to finalize this topic of discussion. Thank you.

Cheers
Steve, Berry & Mary

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> on behalf of Juan Manuel Rojas via gnso-igo-wt <gnso-igo-wt at icann.org>
Reply-To: Juan Manuel Rojas <jumaropi at yahoo.com>
Date: Thursday, August 12, 2021 at 10:07 AM
To: "gnso-igo-wt at icann.org" <gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] Follow up from IGO Work Track Team Meeting | Monday, 09 August 2021 at 15:00 UTC


Thanks Chris,

I think with our current definition can be out many IGOs who doesn't have a seat as member in UN. Even UN has a Non-UN IGO committees, but if you prefer names or kind of organizations maybe we could name African Development Bank or Asian Development Bank, for name some.

My two cents,

Best Regards,

JUAN MANUEL ROJAS P.

Director - MINKA DIGITAL Colombia

GNSO Councilor - ICANN

Civil Soc. Rep - CODECTI  (Comité Departamental de Ciencia Tecnología e Innovación)

Master IT candidate, UNAD

Registered Linux User No.533108.
El 12/08/21 a las 5:58 a. m., McGrady, Paul D. via gnso-igo-wt escribió:
Thanks Chris.

I don’t understand the benefit of including “[including the work of its standing committees and any of its Specialized Agencies (as the case may be)]” ) especially following a “;” which really seems to set it off.


having received a standing invitation” seems to be the operational item and the language in yellow just talks about a subset of ways to participate.  So, either the text in yellow is redundant and unnecessary, or it conveys some sort of standing to be considered an IGO which has escaped this group so far and we should dig in to what it means.

Best,
Paul





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From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org><mailto:gnso-igo-wt-bounces at icann.org> On Behalf Of Chris Disspain via gnso-igo-wt
Sent: Thursday, August 12, 2021 5:14 AM
To: Mary Wong <mary.wong at icann.org><mailto:mary.wong at icann.org>; gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] Follow up from IGO Work Track Team Meeting | Monday, 09 August 2021 at 15:00 UTC

[EXTERNAL MESSAGE]
Thank you Mary.

All,

an ‘Intergovernmental organization’ having received a standing invitation to participate as an observer in the sessions and the work of the United Nations General Assembly; [including the work of its standing committees and any of its Specialized Agencies (as the case may be)]

Is this additional text acceptable or does it widen the definition of IGOs to include organisations not previously included?

Can anyone provide some example of organisations that would not be within the definitions in a) b) and c) unless this extra text was included?

 In the event that the relevant court in such judicial proceeding declines to assume jurisdiction on the basis that the IGO Complainant is immune from the court’s jurisdiction (with the result that the court is unable to consider the case on its merits)


For clarity, this is the wording that was troubling David and other IGO reps. Any suggestions for ‘better’ wording are welcome.


Cheers,

Chris




On 11 Aug 2021, at 23:59, Mary Wong via gnso-igo-wt <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>> wrote:

Dear all,

Staff had the action item from this Monday’s meeting to circulate the current language (including options under consideration) for the proposed definition of “IGO Complainant” and the reference to a court’s declining to assume jurisdiction in a case filed by a losing registrant. Please note that the following is the specific text relating only to these two topics and does not represent the full proposal to which the language may relate. For your convenience, we have highlighted the text that was discussed on Monday’s call in yellow.

1. ‘IGO Complainant’ refers to:
(a) an international organization established by a treaty and which possesses international legal personality; or
(b) an ‘Intergovernmental organization’ having received a standing invitation to participate as an observer in the sessions and the work of the United Nations General Assembly; [including the work of its standing committees and any of its Specialized Agencies (as the case may be)] or
(c) a distinct entity, organ or program of the United Nations.

2. [As provided in Paragraph 5(k) of the UDRP, the relevant registrar shall wait ten (10) business days (as observed in the location of its principal office) before implementing a UDRP [or URS] panel decision rendered in the IGO Complainant’s favor, and will stay implementation if, within that period, it receives official documentation that the registrant has initiated proceedings in a court of competent jurisdiction. In the event that the relevant court in such judicial proceeding declines to assume jurisdiction on the basis that the IGO Complainant is immune from the court’s jurisdiction (with the result that the court is unable to consider the case on its merits), the registrant shall have the option to agree to submit the dispute to binding arbitration within [add time frame]. The registrar shall continue to stay implementation until it receives confirmation from at least one of the parties that they will not be proceeding to arbitration or official documentation concerning the outcome of an arbitration or other satisfactory evidence of a settlement or other final resolution of the dispute.]

Thanks and cheers
Steve, Berry and Mary

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org<mailto:gnso-igo-wt-bounces at icann.org>> on behalf of Julie Bisland via gnso-igo-wt <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>>
Reply-To: Julie Bisland <julie.bisland at icann.org<mailto:julie.bisland at icann.org>>
Date: Monday, August 9, 2021 at 12:50 PM
To: "gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>" <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>>
Cc: "gnso-secs at icann.org<mailto:gnso-secs at icann.org>" <gnso-secs at icann.org<mailto:gnso-secs at icann.org>>
Subject: [gnso-igo-wt] Post Call | IGO Work Track Team Meeting | Monday, 09 August 2021 at 15:00 UTC

Dear all,

All recordings for the IGO Work Track Team Meeting call held on Monday, 09 August 2021 at 15:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/woUZCg> (attendance included) and the GNSO Master Calendar [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/group-activities/calendar__;!!PtGJab4!p738M6wD4Wh-RzG5SEvyX62fqwpBvxbB58qgQ0mIgPEIw3136vSeDcBbOlMnhilMVilRg-4$>.

These include:

  1.  Attendance (please let me know if your name has been left off the attendance list)
  2.  Audio recording
  3.  Zoom Chat
  4.  Zoom recording (including audio, visual, rough transcript)
  5.  Transcript

As a reminder only members and alternates can join the call as a panelist, observers can join as an attendee to listen.

For additional information, you may consult the mailing list archives <https://mm.icann.org/pipermail/gnso-igo-wt/> and the main wiki page<https://community.icann.org/display/GNSOIWT>.

Thank you.
Kind regards

Julie

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--

JUAN MANUEL ROJAS P.

Director - MINKA DIGITAL Colombia

GNSO Councilor - ICANN

Civil Soc. Rep - CODECTI  (Comité Departamental de Ciencia Tecnología e Innovación)

Master IT candidate, UNAD

Registered Linux User No.533108.





Cel. +57 301 743 56 00

Instagram/Twitter: @JmanuRojas
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