Update on IOC/RC issue: motion proposed by NCSG for PDP

[Alain Berranger]

Dear Colleagues,

The notion of "International Legal Personality (ILP)" as a "litmus test"
was introduced in the NCSG Policy Committee's motion after early discussion
in San José and later consideration. The Portugal representative at the GAC
meeting in San José referred to similar notions in San José without however
specifically mentioning "ILP" that I recall - I have not searched for the
transcript.

It should prove to be a tough test to pass for most international
governmental *and/or non-governmental* organizations, to the exception of
UN system organizations. The "UN+10" referred to by Klaus and Avri, is
purely notional but a symbolic way of saying it is not going to be a lot
(maybe 10?) of non-governmental organizations that can pass the test. It is
hard for me to buy the "open floodgate" argument if the "ILP" fliter is
applied.

Please see http://ejil.oxfordjournals.org/content/18/4/775.full for a
contextual enquiry into the concept of "International Legal Personality" in
the form of a 2004 publication by J. E. Nijman from the U. of Amsterdam and
review by Robert Kolb of the Université de Neuchâtel.

Note the interesting  link  between  "ILP" and "Human Rights" - Robert Klob
argues: *"The theory of ILP thus comes down to a theory of human rights"*.

Alain

On Sat, Apr 7, 2012 at 12:36 PM, klaus.stoll <klaus.stoll at chasquinet.org>wrote:

>   Dear Friends
>
> Greetings. I think we need to limit the possibility to an absolute
> minimum, (UN + 10 max), IF ANY !, everything else will as Avri says open up
> the flood gates and make the whole gTLD system unmanageable because there
> will we hundreds if not thousands of exceptions and an equal number of
> legal actions for those who think they deserve them.
>
> Yours
>
> Klaus
>
>  *From:* Robin Gross <robin at IPJUSTICE.ORG>
> *Sent:* Saturday, April 07, 2012 5:51 PM
> *To:* NCSG-DISCUSS at LISTSERV.SYR.EDU
> *Subject:* Re: Update on IOC/RC issue: motion proposed by NCSG for PDP
>
> Thanks.  I thought we were going to add "IF ANY" to the clause asking
> about what other orgs deserve such rights?  I worry that we are inviting a
> flood gate of requests for privileges by assuming there will be others
> (rather than ask the question IF there should be others first).
>
> Robin
>
>
>  On Apr 6, 2012, at 10:31 AM, Mary.Wong at law.unh.edu wrote:
>
>  Hello everyone,
>
> The NCSG Policy Committee agreed that, in view of the passage of the
> motion which adopted the IOC-RC Drafting Team's recommendations for
> first-round protections for the IOC and RC, the GNSO should consider
> additional protections - including any that might apply to other
> international governmental organizations (IGOs) who have requested similar
> protections - through a full Policy Development Process (PDP) rather than
> through an ad-hoc drafting team.
>
> Accordingly, we proposed a motion that will be discussed at the upcoming
> GNSO Council meeting next week on Thursday 12 April. Coincidentally, a
> similar (but not identical) motion was also proposed by Thomas Rickert, the
> Nominating Committee appointee to the Contracted Parties' House. Both
> motions can be viewed at
> https://community.icann.org/display/gnsocouncilmeetings/Motions+12+April+2012
> .
>
> Between now and the Council meeting, we'll be discussing with Thomas ways
> to combine both motions so that the Council need only vote on one unified
> motion. Early indications are that the concept is acceptable to some of the
> other Council members, so I'm hopeful that if we can successfully fuse both
> motions, there is a fair chance of its passage.
>
> Cheers
> Mary
>
>
> *Mary W S Wong*
> *Professor of Law*
> *Chair, Graduate IP Programs*
> *Director, Franklin Pierce Center for IP*
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH
> 03301 USA Email: mary.wong at law.unh.edu 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
>
>
>



-- 
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger
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