But the UDHR is non-binding. Further, these HR instruments apply only to state actors, which is why it's essential for the ICANN bylaws to categorically commit to respecting human rights. CCWG intends to at least have this commitment in place in WS1, since it isn't explicitly stated anywhere. The framework of interpretation, to be developed in WS2, will make clear how we go about the implementation. In the mean time, ICANN's obligations to obey domestic law (applicable law) continues, unchanged. 

Aarti Bhavana | Research Fellow

Centre for Communication Governance | National Law University, Delhi | Sector-14, Dwarka, New Delhi - 110078 | Cell: (+91) 965-464-6846 | Fax: (+91) 11-280-34256 | www.ccgdelhi.org . www.ccgtlr.org | 

On 22 January 2016 at 13:06, Dr Eberhard W Lisse <el@lisse.na> wrote:

And ICANN deals with entities in virtually every country in the world,
so Universal Human Rights should cover it...

el



On 2016-01-22 09:19, Nigel Roberts wrote:
> Holly
>
> This clearly shows the source of the confusion.  The laws you quote,
> are domestic US laws on specific issues (some of which do act to
> protect human rights)
>
> Domestic legal obligation obviouls do not need to be stated or
> quoted in the ByLaws, since they apply as a matter of domestic law.
>
> But none of the rights in the UDHR apply to ICANN as a private
> company, such as the right to a fair hearing, the right to property
> etc.
>
> As a private company, there is no obligation on ICANN, for example,
> to ensure fair hearing of parties affected by its decisions.
[...]
--
Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
el@lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
PO Box 8421             \     /
Bachbrecht, Namibia     ;____/

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