Dear Holley, Thank you very much for explanation and further clarifications. In fact the modified option c which closed to be emerging saying exactly the same thing due to the fact that CCWG retains the text as contained in the initial 3rd proposal by adding the following: “However i)) the effective date of coming into force of this part of Bylaws ( provisions/language relating to the Human Rights ) are postponed until the FOI are prepared, finalized and approved as part of work Stream 2.and ii) The IRP process will not be available in regard with Human Right until the Work Stream 2 effort to further articulate the human rights Framework for Interpretation is finalized - I prefer not to refer to " Dorming or Dormant* Bylaws " AS THESE TERMS ARE NOT EXACTLY LEGALLY VALID Regards Kavouss 2016-01-21 8:12 GMT+01:00 Nigel Roberts <nigel@channelisles.net>:
So long as the 'applicable law' clause remains, ICANN will have NO legal obligations to respect human rights, post transition, on a literal construction.
Therefore the proposed addition, whilst harmless, is perfectly otiose.
There are many lawyers involved in proposing the 'applicable law' language.
I cannot believe you do not know that there is NO 'applicable law' once ICANN is no longer an instrumentality of the state.
Otherwise please give an example of a single legal provision on human rights that would fall under 'applicable law'.
Just one.
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