Re: [soac-mapo] Draft recommendation on using a DRSP

[Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>]

+1

KK


On 08/09/2010 20:01, "Robin Gross" <robin@xxxxxxxxxxxxx> wrote:

I think it is important to remember that as long as ICANN is a California 
nonprofit corporation, the ICANN Board of Directors may not abdicate its 
responsibility to take decisions it believes are right for the organization.  
This means California law forbids the board of directors from accepting a 
decision of an independent panel if the board believes it would harm the 
organization to do so.   We have to craft a recommendation that does not ask 
the board to violate the law (for example "board must accept decision of 
panel").  So I agree with Philip's formulation below.  And I would add that 
applicants have a right of an appeal of a board decision to a court of law.

Thanks,
Robin


On Sep 8, 2010, at 7:22 AM, Philip Sheppard wrote:


As requested:

Draft recommendation ###



There should be a DRSP charged with making a recommendation on an objection.

The DRSP should be appointed by the Board.

As in all other areas of ICANN policy the Board will ultimately decide whether 
to adopt or reject the recommendation of the DRSP.





Philip







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