[gnso-igo-wt] FOR REVIEW & DISCUSSION: UPDATED Draft Initial Report (EPDP on Specific Curative Rights Protections for IGOs)

Kavouss Arasteh kavouss.arasteh at gmail.com
Mon Aug 30 18:01:51 UTC 2021


Dear All,
1.I tzend to agree with Brian
2.To Chris, please kindly provide descritiopn of  defferences using URS and
UDPR ; advantages and drawbacks of each.
Regards
Kavouss



On Fri, Aug 27, 2021 at 10:42 AM BECKHAM Brian via gnso-igo-wt <
gnso-igo-wt at icann.org> wrote:

> Thanks Mary, all,
>
>
>
> I think in light of the last call, and the revised text (where nothing is
> highlighted), maybe we can get rid of this at 2.1.1:  “(Added emphasis to
> highlight that in addition to feedback on the entire Initial Report, the
> Work Track is specifically seeking public comment on this element.)”
>
>
>
> On page 13, I do not think it was just IGOs that had raised this concern,
> so perhaps the original wording is more accurate            .
>
>
>
> Regarding the text moved to page 19, could we please add this (including
> the parens) at the end of the sentence:  “(others felt that arbitration was
> sufficiently in keeping with the instructions that any recommendations be
> generally consistent with the prior PDP recommendations”).
>
>
>
> Brian
>
>
>
> *From:* gnso-igo-wt <gnso-igo-wt-bounces at icann.org> * On Behalf Of *Mary
> Wong via gnso-igo-wt
> *Sent:* Thursday, August 26, 2021 8:06 PM
> *To:* gnso-igo-wt at icann.org
> *Subject:* [gnso-igo-wt] FOR REVIEW & DISCUSSION: UPDATED Draft Initial
> Report (EPDP on Specific Curative Rights Protections for IGOs)
>
>
>
> Dear all,
>
>
>
> At Chris’ request, and to facilitate your review of the Draft Initial
> Report from this EPDP team, staff has prepared an updated version that
> incorporates the substantive proposed revisions that Brian had sent to this
> mailing list on Monday and which also reflects the GNSO Council’s
> initiation of the EPDP and the outcomes of this group’s Monday call. *Please
> see the first attachment, showing these updates in “redline” format*. You
> should see Brian’s proposed edits and the subsequent staff updates in two
> different colors, with the staff updates under my name.
>
>
>
> To further assist with your review of the actual text of the preliminary
> recommendations as they currently stand, we have extracted the language
> (including the square-bracketed options under consideration) for
> Recommendation #1 and Recommendation #2A, #2B and #2C – *please see the
> “clean” text in the second, separate attachment*.
>
>
>
> Please also note the following as you review this latest draft report:
>
>    1. The substantive text of the preliminary recommendations (Section
>    2.1) is essentially identical to the language that we sent to you following
>    the Monday call; you will see that we have retained a few staff action
>    items in the document, since, from the staff perspective, we think it will
>    be easier to figure out how to best clarify the options and portray the
>    “fork” in the arbitration path when we’re in a position to offer a clean
>    version of the language in question. In addition, the IGOs have also
>    provided a proposed flow chart that you can see in the redlined report.
>    2. The draft report includes the new definition of IGO Complainant (as
>    discussed on Monday’s call); as such, staff has removed all prior
>    references to a lack of agreement amongst the EPDP team on the scope of the
>    definition.
>    3. You should only need to closely review Sections 1, 2 and 3. There
>    is some redlined text in Section 4.1, which follows from alternative text
>    in the previous sections about how to describe immunity and court review,
>    so we can easily update that paragraph after there’s agreement on what the
>    text should actually say.
>
>
>
> Thank you. We look forward to working with you to finalize the Draft
> Initial Report in time to meet our agreed deadline to publish it for Public
> Comment in early September.
>
>
>
> Cheers
>
> Steve, Berry & Mary
>
>
>
>
>
> *From: *Mary Wong <mary.wong at icann.org>
> *Date: *Monday, August 23, 2021 at 7:53 PM
> *To: *Chris Disspain <chris at disspain.uk>, "gnso-igo-wt at icann.org" <
> gnso-igo-wt at icann.org>
> *Subject: *Following up on today's meeting (EPDP - Specific Curative
> Rights Protections IGOs for 23 Aug 2021 15:00 UTC Meeting)
>
>
>
> Hello everyone,
>
>
>
> As Chris indicated in his note (below), please find attached the mark-up
> of the Draft Initial Report that Brian sent to this list, which staff has
> updated as follows. We have incorporated: (1) the updated definition of
> “IGO Complainant”; and (2) the language that Brian, Alexandra and David had
> proposed to this list (with a small update to address Paul’s concern as
> noted via email) regarding the outcome of court proceedings where an IGO
> has not waived immunity and the result is that the court declines to assume
> jurisdiction.
>
>
>
> Both additions can be reviewed in Section 2 of the attached document
> (starting on Page 8). Staff has made notations in the document about other
> updates and action items that we will work on this week as well; you can
> clearly see the staff notes as comments under my name.
>
>
>
> We apologize in advance if the redline is difficult to read; however,
> maintaining this format shows more clearly all the suggested edits from
> Brian and the IGO representatives. As mentioned, we will be grateful if you
> can send your concerns and issues for discussion to this list rather than
> mark up the redline; if helpful, you may wish to mention the relevant
> section and/or page number along with your comments.
>
>
>
> Thank you.
>
>
>
> Best regards,
>
> Steve, Berry & Mary
>
>
>
> *From: *gnso-igo-wt <gnso-igo-wt-bounces at icann.org> on behalf of Chris
> Disspain via gnso-igo-wt <gnso-igo-wt at icann.org>
> *Reply-To: *Chris Disspain <chris at disspain.uk>
> *Date: *Monday, August 23, 2021 at 12:40 PM
> *To: *"gnso-igo-wt at icann.org" <gnso-igo-wt at icann.org>
> *Subject: *Re: [gnso-igo-wt] Agenda EPDP - Specific Curative Rights
> Protections IGOs for 23 Aug 2021 15:00 UTC Meeting
>
>
>
> Hello All,
>
>
>
> Thank you for a very productive call today. Mary, Steve and Berry will
> send the 'next draft' of the document out soon. It will be the red line
> submitted by Brian et al with some additional red lines discussed today and
> explanatory notes where text is still being worked on by staff (the 2c
> recommendation for example).
>
>
>
> Please take the time to consider the original text, the ‘Brian et al'
> suggested amendments and the additional staff redlines and provide
> comments, agreements or disagreements on the list. Also, please raise any
> other points so we can address them as well.
>
>
>
>
> Cheers,
>
> Chris
> chris at disspain.uk
>
> +44 7880 642456
>
> PastedGraphic-2.tiff
>
>
>
> On 20 Aug 2021, at 22:33, Berry Cobb via gnso-igo-wt <
> gnso-igo-wt at icann.org> wrote:
>
>
>
> Dear EPDP - Specific Curative Rights Protections IGOs,
>
> Please see below the proposed agenda for the meeting scheduled on *23 Aug
> 2021 15:00 *UTC.
>
>    - Roll Call & SOI Updates (2 minutes)
>    - Welcome & Chair updates (Chair) (10 minutes)
>
>
>    - GNSO Council procedural decision [gnso.icann.org]
>       <https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions/2020-current*20210819-2__;Iw!!PtGJab4!tWQbOrM9QmEVWfhoLK6s-9_KNkDTvCTRfV9C2aq-YB-4rX7W0m7_ZmBGZR4YWgTZrYPkN-E$>
>       to maintain Work Track progress via Expedited Policy Development Process on
>       Specific Curative Rights Protections for Intergovernmental Organizations
>
>
>    - Continue Discussion of Working Proposals & Preliminary Conclusions
>    (75 minutes)
>
>
>    - Group discussion & confirmation of proposed text on IGO privileges
>       and immunities submitted by Brian, Alexandra & David (see
>       https://mm.icann.org/pipermail/gnso-igo-wt/2021-August/000199.html
>       *)*
>       - Staff overview & group discussion of Draft Initial Report (see
>       Executive Summary (pp. 2-6); Preliminary Recommendations (pp. 7-11);
>       Proposed Impact Analysis (pp. 11-12):
>       https://mm.icann.org/pipermail/gnso-igo-wt/2021-August/000194.html
>       *)*
>
>
>    - Next steps & closing (3 minutes)
>
>
>    - Next meeting 30 August 2021 @ 15:00 UTC
>
>
>
> Sincerely,
>
> GNSO Policy Staff[image: Image removed by sender.]
>
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