Dear Nigel
May you please be more specific on how including necessary high level materials / text in the transitional Bylaws and deferring the exact texts to be  further developped once the frame work of interpretation of HR is fully developped and approved would result to
Quote
"it removes all legalobligations on ICANN to respect internationally accepted human rights principles, since they do not form part of applicable law in California."
Unquote
You have noted that after many hours of discussions there is no agreement for the full text to be included in the Bylaws as definitive nor any consensus to totally postpoe it to WS2.
Some middle ground is being emerged as consensus
Regards
Kavouss

2016-01-26 14:23 GMT+01:00 Nigel Roberts <nigel@channelisles.net>:
The text is overcomplicated and it appears to me that it removes all legalobligations on ICANN to respect internationally accepted human rights principles, since they do not form part of applicable law in California.

If that is what the CCWG wants, I am disappointed.



On 26/01/16 12:44, Kavouss Arasteh wrote:
Dear Jordan
Thank you very much for the message
In regard with your first point
Quote
 /"will not enter into force" does indeed render the clause ineffective
until the FoI it mentions is developed. I understand from you (offline)
 that this is the case, but others might wonder the same thing."/
/Unquote/
Yes it will
In fact the term" /will not enter into force" /is more appropriate from
legal point of view than the term /"will be ineffective"/
/.../
/In regard with your second point /
/Quote/
" /wherever we land on this question, I just want to signal my own view
as a "Member" of the CCWG that I am relaxed about whether this is WS1 or
2 - my own personal view is that the important thing is that the
approach to interpreting and applying human rights in the ICANN context
is developed by the ICANN community before bylaws-type obligations or
 requirements come into effect."/
Unquote
It may be the case that some or many CCWG members are relaxed but other
are not that is why several others prepfer to push it to WS2.
Regards
Kavouss

2016-01-25 22:43 GMT+01:00 Jordan Carter <jordan@internetnz.net.nz
 <mailto:jordan@internetnz.net.nz>>:

    Thank you Leon. This is one of the issues I have not followed in
    huge depth, and I acknowledge the expertise and energy deployed
    through WP4 as well as all the other comments that have come in on this.

    I would like to offer two thoughts.

    First, this proposed approach is fine with me so long as our lawyers
    can certify that "will not enter into force" does indeed render the
    clause ineffective until the FoI it mentions is developed. I
    understand from you (offline) that this is the case, but others
    might wonder the same thing.

    Second, wherever we land on this question, I just want to signal my
    own view as a "Member" of the CCWG that I am relaxed about whether
    this is WS1 or 2 - my own personal view is that the important thing
    is that the approach to interpreting and applying human rights in
    the ICANN context is developed by the ICANN community before
    bylaws-type obligations or requirements come into effect.

    This text seems to deliver that. So would pushing the matter off to
    WS2.  I'll happily stand with consensus either way.

    cheers
    Jordan


    On 26 January 2016 at 09:40, León Felipe Sánchez Ambía
     <leonfelipe@sanchez.mx <mailto:leonfelipe@sanchez.mx>> wrote:

        Dear all,

        In anticipation for our call tomorrow I am sending you the
        proposed language for the Human Rights bylaw. This text tries to
        address all the concerns that were raised in our recent calls
        and on the mailing list.

        Please take a momento to review the proposed text and provide
        your feedback at your earliest convenience.



        Best regards,


        León


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