Re: [GAC] [soac-mapo] Terminology DRSP (and more on Rec 2.1)

[Bertrand de La Chapelle <bdelachapelle@xxxxxxxxx>]

I think Mary and Milton are pointing the way to an understanding  that
could get consensus. The distinction is important and I feel quite
comfortable with it.

Bertrand

On Tuesday, September 14, 2010, Milton L Mueller <mueller@xxxxxxx> wrote:
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> On the “advice” vs. “recommendation” issue, I think Mary got it
> exactly right here:
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> For
> example, there's a difference (to my mind) between an expert opnion that
> "this series of words (i.e. the string) is contrary to a well-known
> principle of international law" and one that says "this string should
> not be approved because it is contrary to a well-known principle of
> international law". Wouldn't it be more appropriate for the expert opnion
> to be along the lines of the former, such that the Board then has to decide
> whether, in light of that finding, it will or won't approve the application?
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> In other words, the experts can tell the Board that in their opinion
> a string is clearly contrary to principles of int. law, possibly contrary, or
> clearly not contrary. But it cannot and should not say,  “do not approve this
> string” or “do approve this string”
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> That distinction may seem nuanced, but it really matters. It is
> the board making the decision, not the experts. This distinction is not quite
> captured, however, by the current proposal for 4.1, which says that the 
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> cannot provide advice or recommendations, which is why I voted against it.
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> As I have said before, whether you call the experts’ report “advice”
> or “recommendation” or something does not matter much if the Board must have a
> supermajority to kill an application based on an objection, and it must have
> that supermajority regardless of what the experts said.
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> So in my opinion, the board should NOT vote to approve or
> discard the decision handed to it by the experts. It should use the experts’
> report as an input to its decision. The decision is its own.
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> --MM
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-- 
____________________
Bertrand de La Chapelle
Délégué Spécial pour la Société de l'Information / Special Envoy for
the Information Society
Ministère des Affaires Etrangères et Européennes/ French Ministry of
Foreign and European Affairs
Tel : +33 (0)6 11 88 33 32

"Le plus beau métier des hommes, c'est d'unir les hommes" Antoine de
Saint Exupéry
("there is no greater mission for humans than uniting humans")