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Re: [soac-mapo] charter and mission

  • To: soac-mapo@xxxxxxxxx
  • Subject: Re: [soac-mapo] charter and mission
  • From: Avri Doria <avri@xxxxxxx>
  • Date: Tue, 13 Jul 2010 12:21:59 -0400


On 13 Jul 2010, at 11:52, Konstantinos Komaitis wrote:

> First of all, I think it is important to make a clear distinction. DAG’s 
> reference on ‘morality and public order’ was borrowed from the Paris 
> Convention on the law of trademarks – the term as used in DAG it is not an 
> explicit part of any public international law statute or convention. For me, 
> this is the first mistake and demonstrates ICANN’s ignorance on the problems 
> that MAPO can potentially create.


While those words are not, you do find 

3. The above-mentioned rights shall not be subject to any restrictions except 
those which are
provided by law, are necessary to protect national security, public order 
(ordre public), public
health or morals or the rights and freedoms of others, and are consistent with 
the other rights
recognized in the present Covenant.

http://www2.ohchr.org/english/law/ccpr.htm

in the International Covenant on Civil and Political Rights and many other 
instruments that have been signed and do have binding force on the signatories.

People always refer to the Paris convention because it is the first in the 
list, but it is only an example.

I would suggest that the CCPR provides a sufficient base on which the DAGv4 
structure can rest. 

a.





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