Nigel,
It seems like you want ICANN to act as if it were a government. I think that's beyond even the most aggressive interpretation that has been espoused of what we are trying to do here.
If nothing else, it shows how far we are from a common understanding of the intent and effect of the Human Rights bylaw.
Greg
On Friday, January 22, 2016, Nigel Roberts <
nigel@channelisles.net> 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.
On 22/01/16 01:35, Gregory, Holly wrote:
Just to clarify, laws that prohibit child labor, limit the hours that employees may be required to work without receiving over-time pay, require employers to refrain from limiting the ability of employees to freely associate for the purpose of pursuing unionization, protect against discrimination on the basis of race, gender, disability, or other criteria -- and there are more examples-- exist in many jurisdictions and are examples of "applicable laws" that protect human rights.
HOLLY J. GREGORY
Partner and Co-Chair
Global Corporate Governance & Executive Compensation Practice
Sidley Austin LLP
+1 212 839 5853
holly.gregory@sidley.com
-----Original Message-----
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Nigel Roberts
Sent: Thursday, January 21, 2016 2:13 AM
To: accountability-cross-community@icann.org
Subject: Re: [CCWG-ACCT] Report on Lawyers Call re Human Rights
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.
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community
****************************************************************************************************
This e-mail is sent by a law firm and may contain information that is privileged or confidential.
If you are not the intended recipient, please delete the e-mail and any attachments and notify us
immediately.
****************************************************************************************************
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community