Re: [soac-mapo] New language for 4.1

[Carlton Samuels <carlton.samuels@xxxxxxxxx>]

I have two concerns:  1) advice can be sought from other than lawyers  2) It
appears a set of administrators will be asked to 'nominate' experts.

Let's use language that a) recognize that expertise in these matters extend
beyond lawyers b) leave administrators to do just that and not nominate
experts

Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================


On Wed, Sep 15, 2010 at 11:18 PM, Mary Wong <Mary.Wong@xxxxxxxxxxx> wrote:

>  Hello everyone,
>
> As Chuck requests, here is another attempt at reformulating Rec. 4.1. I've
> tried to take on board much of Evan's suggested language, although I know I
> have not necessarily made a distinction between policy and implementation.
> FWIW I think that, even if we are occasionally in the realm of
> implementation, it provides clearer guidance for the future, and gives a
> better view of what's been discussed amongst this group, if the group's
> sense of what ought to be done (whether it be implementation details or not,
> and whether such opinion is ultimately followed or not) is included in our
> report.
>
> Thanks,
> Mary (new language follows, below)
>
> *REC. 4.1:*
>
> The Board should seek the advice of eminent jurists well-versed in
> international law for all Rec. 6 objections, following the
> procedures outlined in Article XI.A of the Bylaws. In addition, the
> CWG recommends that the Board appoint a third party entity to administer the
> purely procedural aspects of an objection that has been filed, including
> suggesting appropriate persons who can serve as experts. Any such third
> party provider shall be appointed under contract for a fixed period of time
> appropriate for the application timetable. In no event will any such
> provider give expert advice or recommendations regarding the outcome of an
> objection, it being understood that such decision lies with the Board
> alone and may not be delegated to a third party. As in all other areas of
> ICANN policy, the Board will ultimately decide whether to adopt or reject
> the advice of any external experts it consults in relation to a Rec.
> 6 objection.
>
>
>
>     *From: * "Gomes, Chuck" <cgomes@xxxxxxxxxxxx> *To:* "Konstantinos
> Komaitis" <k.komaitis@xxxxxxxxxxxx>, "Robin Gross" <robin@xxxxxxxxxxxxx>,
> "soac-mapo" <soac-mapo@xxxxxxxxx>, "Mary Wong" <Mary.Wong@xxxxxxxxxxx>  *Date:
> * 9/15/2010 8:53 PM *Subject: * RE: [soac-mapo] Please participate - Poll
> on updated recommendations
> I would like to request that Evan and Mary resubmit their latest
> recommendations for wording of recommendations 4.1 and 4.2 so that we
> can all take a look at them again and make sure that we are all
> evaluating the latest wording.  I am assuming that what they proposed
> covers both 4.1 and 4.2; if that is not correct, let me know.
> Regardless, please submit your latest versions.
>
> Chuck
>
> > -----Original Message-----
> > From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
> > Behalf Of Konstantinos Komaitis
> > Sent: Wednesday, September 15, 2010 2:40 PM
> > To: Robin Gross; soac-mapo
> > Subject: Re: [soac-mapo] Please participate - Poll on updated
> > recommendations
> >
> > Thanks Chuck,
> >
> > Here is an updated version of the document with comments on the issue
> > of the Board's discretion to seek advise.
> >
> > Thanks
> >
> > KK
> >
> >
> > On 15/09/2010 18:38, "Robin Gross" <robin@xxxxxxxxxxxxx> wrote:
> >
> > Thanks for this, Chuck.
> >
> > I commented in the attached document about your question in Rec. 2.3
> to
> > change a "notification" to an "objection" without it being an
> > "objection".
> >
> > Thanks,
> > Robin
> >
>
>
>
>
> *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
>
>
>  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*
>