Indeed, it is the available record, or legislative history, or Travaux Preparatoires that become a mechanism for clarification, study and further discussion when necessary.

 

 

Roy Balleste

Law Library Director &

Associate Professor of Law

St. Thomas University Law Library

16401 NW 37th Avenue

Miami Gardens, FL 33054

305-623-2341

305-623-2337 (fax)

 


From: Non-Commercial User Constituency [mailto:[log in to unmask]] On Behalf Of Robin Gross
Sent: Friday, January 22, 2010 12:39 PM
To: [log in to unmask]
Subject: Re: Draft Council letter on the ARR

 

I was against the Chatham Rule for IGF MAG and I'm against it in this public governance institution.

 

Here is an example of why I think its a problem.   During my first year on the MAG, I worked hard to try to get "human rights" as one of the cross-cutting issues to address all themes.  A number of civil society members on the MAG and a few govt folks also advocated for this and it was about to pass.  Then, at the the last moment, a certain govt official on the MAG (1 person representing a country with a tiny population) said "no" to human rights as a cross-cutting issue and it was DEAD.   Under these Chatham House Rules none of us can say what single country blocked the topic of human rights from making it onto the IGF agenda.

 

The next year, I tried again to get human rights as a main theme/cross-cutting issue.   But due to the slowness of the UN in re-appointing the MAG, the meeting at which this decision was being made was open and so Chatham Rules did not apply.  Again a number of civil society actors weighed in for human rights to be prominent in the agenda.  But this year a different country, China, objected during this open meeting, so human rights was once again nixed from the prominent discussion topics.  But at least we can say it is because China objected - there is some trail of accountability.   Under Chatham rules, we can't say which small country objected the year before, so there will be no accountability for that government from the people who live there (or the rest of the world).  They don't even know their govt just killed human rights in the agenda for global governance, and apparently we've agreed to keep this dirty secret.  No.  Bad idea.

 

Robin

 

 

 

On Jan 22, 2010, at 2:10 AM, William Drake wrote:



Robin

 

Chatham doesn't make it secret, it just strips out the names of who said what.  The content still comes out. Other SGs feel that's important to them being able to participate (pertains mostly to inter-corporate squabbling) and I don't think we could have gotten a consensus council statement without it.  And that council statement does call for two way info flow with AC/SOs, which was not in the staff proposal.  So less than perfect transparency, but more than there'd have been otherwise.

 

Best,

 

Bill

 

On Jan 20, 2010, at 12:51 AM, Robin Gross wrote:



Thanks for sending this draft council letter around.  It is very good except I do not agree that the review groups should operate under Chatham House Rules on confidentiality.  It would certainly be a step backward for a group that is to assess the openness and transparency of ICANN to operate in this secret fashion and contrary to ICANN's promises of openness and transparency.  Everything else in the letter looks good however.

 

Thanks,

Robin

 

 

On Jan 19, 2010, at 8:15 AM, William Drake wrote:



Hi 

 

Please see the attached draft and let me know if you have any comments etc.  Otherwise I'll propose a motion tomorrow...

 

Thanks,

 

Bill

 

<Draft GNSO Council response to the draft proposal on the Affirmation Reviews Requirements and Implementation Processes.pdf>

 

 

Begin forwarded message:



From: "Gomes, Chuck" <[log in to unmask]>

Date: January 19, 2010 4:58:20 PM GMT+01:00

To: "William Drake" <[log in to unmask]>, "GNSO Council List" <[log in to unmask]>

Subject: RE: [council] Draft Council letter on the ARR

 

Please forward this to your SGs/Constituencies right away and request
feedback.  The Council will need to make a decision on whether to submit
the comments or some revised version of them in our 28 Jan meeting.  If
anyone wants to make a motion in that regard, motions are needed by
tomorrow, Wednesday, 20 January.

Chuck


-----Original Message-----

From: [log in to unmask]

[mailto:[log in to unmask]] On Behalf Of William Drake

Sent: Tuesday, January 19, 2010 10:40 AM

To: GNSO Council List

Subject: [council] Draft Council letter on the ARR

 

Hello,

 

Attached please find the drafting team's proposed response to

the draft proposal on the Affirmation Reviews Requirements

and Implementation Processes, for discussion with our

respective SGs and in the Council.

 

Best,

 

Bill

 

 

 

***********************************************************
William J. Drake
Senior Associate
Centre for International Governance
Graduate Institute of International and
 Development Studies
Geneva, Switzerland
[log in to unmask]
www.graduateinstitute.ch/cig/drake.html
***********************************************************

 

 

 

 

IP JUSTICE

Robin Gross, Executive Director

1192 Haight Street, San Francisco, CA  94117  USA

p: +1-415-553-6261    f: +1-415-462-6451



 

 

***********************************************************
William J. Drake
Senior Associate
Centre for International Governance
Graduate Institute of International and
 Development Studies
Geneva, Switzerland
[log in to unmask]
www.graduateinstitute.ch/cig/drake.html
***********************************************************


 

 

 

 

IP JUSTICE

Robin Gross, Executive Director

1192 Haight Street, San Francisco, CA  94117  USA

p: +1-415-553-6261    f: +1-415-462-6451