Re: [soac-mapo] Objection title

[Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>]

+1

KK


On 09/09/2010 23:56, "Robin Gross" <robin@xxxxxxxxxxxxx> wrote:

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






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 <Rec on Incitement.doc>






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