Re: [soac-mapo] Objection title

[Robin Gross <robin@xxxxxxxxxxxxx>]

> 4.    "Objections Based on General Principles of International Law'
I believe #4 is most accurate and best reflects the  title for this  
objection as it is the least subjective of the terms proposed and  
provides the most solid guidance as the types of the objections that  
are appropriate.   It keeps the policy grounded in law but leaves  
some flexibility in application.
Thanks,
Robin

On Sep 9, 2010, at 3:21 PM, Richard Tindal wrote:

> On the matter of describing the title for this Objection.
>
> There seems to be broad agreement to replace "Morality and Public  
> Order".    I think the replacement candidates are:
> 1.    "Objections Based on the Principles of Ordre Public"
>
> or its Anglo cousin..
>
> 2.    "Public Order Objections"
>
> or..
>
> 3.   "Public Interest Objections" --- I recall multiple push-backs  
> on this
> or...
>
> 4.    "Objections Based on General Principles of International Law'
>
>
> I left off my favorite -- "Other Objections" -- as no-one seems to  
> share my love for the bland.
> I dont think the title has a practical impact on the standard or  
> how it's applied,  but I understand the desire for precision (and  
> how a 'bad' title might result in mission creep on the standard)
> So which of the four above is most accurate??
>
> RT
>
>
>
> On Sep 9, 2010, at 3:01 PM, Mary Wong wrote:
>
> > I agree, and note that Richard used the phrase "Principles of  
> > Ordre Publique" in an earlier email. I've adopted it in the  
> > attached draft recommendation on the use of the term  
> > "incitement" (and thank Konstantinos for starting the draft and  
> > dredging up the various emails concerning the issue!)
> > I've also used the same font as Margie, in the hope it will  
> > facilitate editing and insertion.
> > Something on Quick Look to follow, shortly .... (I hope :)
> >
> > Cheers
> > Mary
> >
> > Mary W S Wong
> > Professor of Law
> > Chair, Graduate IP Programs
> > UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> > Two White Street
> > Concord, NH 03301
> > USA
> > Email: mary.wong@xxxxxxxxxxx
> > Phone: 1-603-513-5143
> > Webpage: http://www.law.unh.edu/marywong/index.php
> > Selected writings available on the Social Science Research Network  
> > (SSRN) at: http://ssrn.com/author=437584
> >
> > >>>
> > From:   Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>
> > To:	Margie Milam <Margie.Milam@xxxxxxxxx>, soac-mapo <soac- 
> > mapo@xxxxxxxxx>
> > Date:   9/9/2010 5:55 PM
> > Subject:        Re: [soac-mapo] Summary of Issues/Recommendations
> >
> > Dear Margie,
> >
> > Thanks for this, it is really helpful.
> >
> > One point - I think we decided at this point to use the term  
> > 'ordre publique' and abandon the term 'public interest' when it  
> > comes to objections. I think 'ordre publique' came out of our  
> > discussion with Carroll and it is something that Mary also  
> > suggested (?).
> > Thanks
> >
> > KK
> >
> >
> > On 09/09/2010 19:33, "Margie Milam" <Margie.Milam@xxxxxxxxx> wrote:
> >
> > Dear All,
> >
> > Please find enclosed for your review suggested language that  
> > summarizes the topics discussed and the proposed recommendations.   
> > Although some of you are working on language to insert in this  
> > document, I thought this might serve as a starting point for you.
> > It is very difficult to glean all of the details from the email  
> > list, so please accept my apologies if I misstated the principles  
> > or the recommendations.   Also,  there are areas where I was  
> > unable to sketch an outline of the issue or proposed  
> > recommendation, such as the Quick Look Procedure, Timing of Rec6  
> > Dispute, and Guidebook Criterion 4.  Hopefully volunteers can  
> > assist in describing the issue and proposed resolution.
> >
> > Thanks,
> > Margie
> >
> >
> >
> >
> >
> > As of August 30, 2010, Franklin Pierce Law Center has affiliated  
> > with the University of New Hampshire and is now known as the  
> > University of New Hampshire School of Law. Please note that all  
> > email addresses have changed and now follow the convention:  
> > firstname.lastname@xxxxxxxxxxx. For more information on the  
> > University of New Hampshire School of Law, please visit law.unh.edu
> > <Rec on Incitement.doc>



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