Thanks for the status update, Phil. It's important to have the report done properly, rather than have it be rushed. If it gets rushed and is done incorrectly, it might need to be redone, causing even further delays.
From what you've said, it seems he might be on the right track, consistent with the PDP's observations and findings over the past 18 months (e.g. the Canadian Supreme Court decision served as but one example that countered the 'absolutist' approach espoused by some of the IGOs, and of course we've discussed the other examples; I look forward to seeing what the Professor considered, once a more complete draft becomes available).
In terms of the timing of our work, is there anything else that PDP members can do in the meantime, in parallel to the professor's research? e.g. have the IGOs ever responded to our letters requesting hard data? Or shall we simply assume, given the passage of time, that they will simply rely upon general assertions, instead of true evidence to support their positions? (in which case, the PDP members should accordingly give little weight to their unsupported assertions) Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Wed, Feb 17, 2016 at 10:12 AM, Phil Corwin <psc@vlaw-dc.com> wrote:
George:
Thanks for your inquiry.
Here's the state of play--
· Last week we received a draft from Prof. Swaine. The draft was incomplete in that it did not yet contain conclusions. It is quite comprehensive on the interface of sovereign immunity and IGOs and demonstrates that this area is not fully developed or uniform, that a great deal of discretion is left to individual nations to determine the scope of recognized immunity, and that some considerations argue for waiver in the UDRP context as being acceptable, while others may lead to a contrary conclusion.
· Due to travel schedules, the first time that Petter and I had a chance to discuss the draft with ICANN staff was yesterday. We are seeking to schedule a call with Prof. Swaine later this week if at all possible to raise various questions and issues as well as to determine what his preliminary conclusions are..
· Our hope is to get a more complete draft distributed to all WG members as soon as possible, and certainly prior to the Marrakech meeting. Once we speak with Prof. Swaine we will schedule a WG call for either February 24 or March 2 (I depart for Marrakech on March 3) to prepare for our Marrakech meeting.
· At our meeting in Marrakech, we intend to seek comments on the draft from all WG members, as well as from IGOs and GAC members. (Staff-do we as yet have a time and date for our WG meeting?) Following Marrakech we intend to move forward expeditiously on our work using the report as a basis for determining our course.
Let me know if you have any additional questions at this time.
Best regards, Philip
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
-----Original Message----- From: George Kirikos [mailto:icann@leap.com] Sent: Tuesday, February 16, 2016 4:33 PM To: Phil Corwin Cc: gnso-igo-ingo-crp@icann.org Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report?
I just wanted to followup and see how things are progressing. If we don't get the draft Swaine report soon, then that means we're looking at sometime in March for our next teleconference? (i.e. there's no meeting tomorrow, and it wouldn't make sense to have a meeting next Wednesday unless the report was provided before the weekend, so folks can digest it and have informed comments/discussions).
Sincerely,
George Kirikos
416-588-0269
On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc@vlaw-dc.com> wrote:
Happy New Year, George.
We have checked with Professor Swaine and are expecting a draft document very soon, possibly later this week. As soon as we receive it we will be back in touch with the WG.
Best, Philip
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
-----Original Message-----
From: gnso-igo-ingo-crp-bounces@icann.org
[mailto:gnso-igo-ingo-crp-bounces@icann.org] On Behalf Of George
Kirikos
Sent: Tuesday, January 26, 2016 6:16 PM
To: gnso-igo-ingo-crp@icann.org
Subject: [Gnso-igo-ingo-crp] Any update on Swaine report?
Hi folks,
Happy New Year.
It's been a while, so I just wanted to see if we have any news/updates regarding the Swaine report?
Sincerely,
George Kirikos
416-588-0269
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