Hello everyone, Here is the proposed agenda for the next WG call: 1. Roll call/updates to SOI 2. Review international law expert response and determine next steps on sovereign immunity issue (see document circulated on 9 March) 3. Follow up/wrap up on discussion about UDRP/URS differences 4. Next steps/next meeting Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong@icann.org From: Mary Wong <mary.wong@icann.org> Date: Monday, March 9, 2015 at 19:19 To: <gnso-igo-ingo-crp@icann.org> Subject: Response from international law expert
Dear WG members,
We have received a response from Mr. Hans Corell, the international law expert to whom we had sent the list of questions on sovereign immunity, prepared in consultation with our WG co-chairs Petter and Phil. Mr. Corell is a former Swedish diplomat and was from 1994-2004 the Under-Secretary-General for Legal Affairs and Legal Counsel for the United Nations. He is presently an adviser to a number of international bodies, including ICANN and the International Bar Association, where he is the current Co-Chair of the Council of the Human Rights Institute. I attach a copy of his full CV to this email, but you can also see his professional biography and current appointments here: http://www.havc.se/PresentEngagements.htm and http://www.havc.se/res/SelectedMaterial/20140721shortbio.pdf.
In order to try to gain an initial understanding of the scope of the international legal principle of sovereign immunity as it applies to IGOs, we provided Mr. Corell with some basic background information into our work and the reason for asking the specific questions we enclosed. We did not, however, go into detail about the progress and workings of the WG, including our interaction with the IGOs so you will see from his response that some of his comments are based on general rather than more specific information. You will see also that he has certain questions for the WG, which may be helpful avenues for follow up.
As such, staff thought that the WG may wish to discuss both Mr. Corell¹s answers to the questions that were posed to him as well as possible follow-up action on the WG call this Wednesday. For instance, we could develop a subsequent set of questions that we can provide along with a note summarizing the IGOs¹ position on the matter, so that he can provide us with more detailed input.
Please note that Petter and Phil have not yet had a chance to review Mr. Corell¹s response. Do note also that representatives of the UN legal counsel were participants in the original IGO-INGO PDP WG that preceded our work, and I believe may also be represented in the IGO ³small group² that sent us their January 205 response. As such, a further point for WG discussion may be how we follow up with the IGO ³small group² after having reviewed their and Mr. Corell¹s response.
For completeness I attach also a copy of the initial note and questions that were sent to Mr. Corell.
Thanks and cheers Mary
Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong@icann.org