Some thoughts:
Since a memorandum of understanding is not a contract, it does not need to provide for jurisdiction like a normal legal contract would do. None of the other MoUs have provisions related to jurisdiction.
Another question that I have:
It appears that most of the other RALOs are going to choose to elect their ALAC members upon signature of their MoUs. Certainly this is what the LAC region has done, electing both representatives as soon as the RALO was formed in Sao Paulo, with terms of 2 and 3 years to stagger future elections. It appears that Africa will choose to follow the same practice. It is unclear what Europe and Asia will do in this connection at present.
I bring this up because the current draft Operating Principles would require that the regional representatives would be elected not upon signature of the MoU, but several months later at the ICANN International Meeting, scheduled for October 2007 in Asia.
Of course you are entirely free to adopt this procedure. I just wanted to highlight that you are not obligated to do so.
Luc:
Thanks !
I have quickly gone through your text and made some minor corrections.
Let me raise some points that I think should be addressed somewhere
in the text.
- Jurisdiction: Usually agreements have a clause that make reference
to the jurisdiction that applies. I would suggest it be cited . Now
do we use Canadian law, or the county in California where ICANN's
offices are
- Translation: Should the NA Ralo texts be translated into english &
french ? If so, we need to make sure both versions concur.
that's it for now
looking forward to everyone else's comments.
regards
Robert
On 16-Jan-07, at 9:49 AM, Luc Faubert wrote:
> Hello all,
>
> I'm done "localizing" the LACRALO documents for the NARALO. They are
> very lightweight, in my opinion, and thus reflect the wish many of us
> have expressed to keep the NARALO lean.
>
> I'd appreciate it if people could look at the documents carefully and
> make any changes they see fit. Changes can be made directly on the
> pages.
>
> See http://www.icannwiki.org/NA_RALO_MOU and
> http://www.icannwiki.org/NA_RALO_OP .
>
> Thanks,
>
>
> _________________________________________
> Luc Faubert
> Conseiller en gouvernance TI et en gestion du changement /
> IT governance and change management consulting
> GFI Solutions
> +1 514 236 5129
> www.GFISolutions.com
> www.LucFaubert.com
>
>
>
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