I certainly support the official adoption of Jovan's excellent paper as the ALAC Framework on the Protection of IGO and INGO names. And, Jovan, a teacher can preach if you do what the Kennedy school folks do. Alternate between 'preaching' and working with the 'Administration.' You could designate one as 'sabatical.' :) Best regards, Rinalia Rinalia Abdul Rahim sent via galaxy tab On 10 Jan 2013 03:35, "Jovan Kurbalija" <jovank@diplomacy.edu> wrote:

Thank you Rinalia,

Dear ALAC-members,

I hope that my input will be useful in preparing ALAC's position on this issue. Here are a few comments:

- the input uses rather restrictive legal approach aims at reducing exceptions (RCRC/IOC) and synchornising the IGO/INGO's policy with both international public law and ICANN's overall policy. This approach could provide elements for a reasonable compromise with a solid legal basis.

- one can anticipate a broader legal argumentation supporting public interest function of IGOs as the reason for providing special protection. This argumentation could be based on international customary law supported by the formulation in the Paris convention on IPR and a few court cases such as the ICJ's Reparation case. This hypothetical approach has quite a few weaknesses, which I elaborate in the academic paper (to be published in March 2013).

- My contribution is made in personal capacity. DiploFoundation, as a capacity-building institution, does not engage in policy deliberations. "A teacher cannot be a preacher" even if teacher supports a good cause.

Please let me know if I can be of any additional help.

Best regards, Jovan

On Wed, Jan 9, 2013 at 3:29 PM, Rinalia Abdul Rahim < rinalia.abdulrahim@gmail.com> wrote:

...

Dear ALAC colleagues,

Please find attached a paper contribution by Dr. Jovan Kurbalija of DiploFoundation, which is intended to provide an input to the ALAC’s discussion on the protection of names of international inter-governmental organisations (IGOs) and international non-governmental organisations (INGOs). The ALAC Excom had agreed to solicit Dr. Kurbalija's input on this topic to help inform ALAC interventions.

Dr. Kurbalija is copied on this mail in case you wish to have some interaction with him regarding the topic.

Best regards,

Rinalia

On Sun, Jan 6, 2013 at 7:28 AM, Alan Greenberg <alan.greenberg@mcgill.ca>wrote:

...

The PDP WG on special protection for IGO/INGO names has requested that ACs and SOs submit comments on a number of questions related to special protections of IGO/INGO names.

Evan and I were asked to draft a statement for the consideration and possible approval of the ALAC and it can be found at https://community.icann.org/x/5IFQAg. Input was requested to be submitted by 08 January 2013, but there should be no problem with getting it in a bit later.

Evan is travelling at the moment, but his contributions were substantive and the document has his support. We both believe that it conforms well to positions previously taken by the ALAC.

I am not sure if Olivier wants to subject this statement to a formal ALAC vote. In my mind, it does not need a formal vote, but we do need to ensure that it (or what it gets revised to) does conform to general ALAC feelings. So please post your comments to the Wiki.

A copy is attached here for your convenience.

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*Jovan Kurbalija, Phd*

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