Something like the berkman study would help if there would be lots of litterature to classify and assess. But I suspect there will be scarce learned-opinions on the matter as of yet. Which means that the contracted learned opinion will be among the very first ones, and i do not think this would be wise.

The only way this would be wise would be a consortium of legal scholars giving all possible interpretation angles, within a wide mandate to do so. Folks let's not forget that the legal world is not laid on a presumed pre-political or pre-social matrix and that in most circumstances, it can just not be *found*, it has to be interpreted.

Furthermore, the determination of the interrelation between ICANN and different levels of legal juridiction is very much a political determination. Pretending that it could be legally *found* by a contractor is just another political way of trying to assert it. The fact that it is a political way that denies its political nature doesn't change its nature in the least bit. The political arena where the political games become played by pretending that the political arena doesn't exist is a sorry one indeed.

I'm unsure on which other options I would like to pursue. Maybe think about them all still ;(

Nicolas

On 19/07/2012 9:28 PM, Alain Berranger wrote:
[log in to unmask]" type="cite">Excellent suggestion!

Alain

On Thu, Jul 19, 2012 at 9:58 AM, Adam Peake <[log in to unmask]> wrote:
How about a variation of 5, contract with

international law firm "to conduct a legal analysis to substantiate/verify whether there is clear evidence of treaty law and/or statutes that would require registries and registrars to protect IOC and RCRC names by law."

Not ICANN legal counsel.  Tender for an international legal firm (consortium of legal scholars?) to conduct analysis (there's about $357m in the TLD moneybox)

Adam




At 11:23 AM -0400 7/18/12, Avri Doria wrote:
Begin forwarded message:

From: Brian Peck <<mailto:[log in to unmask]>[log in to unmask]>


Subject: [gnso-iocrc-dt] List of possible approaches for Red Cross/IOC names in new gTLDS

Date: 18 July 2012 11:08:58 EDT

To: "<mailto:[log in to unmask]>[log in to unmask]" <<mailto:[log in to unmask]>[log in to unmask]>



List of possible approaches for Red Cross/IOC names in new gTLDS
In response to the request during the last RC/IOC DT call, please find below a list of possible approaches that have been proposed to date for moving forward in responding to the GAC proposal to protect the RCRC and IOC names at the second level in new gTLDS:

1.      Maintain the status quo and not provide any new special protections for the RCRC/IOC names (i.e., no changes to the current schedule of second-level reserved names in the new gTLD Registry Agreement).
2.      Develop recommendations to implement the GAC proposal such as extending protection to all or a subset of RCRC names only, all or a subset of IOC names only or, to both sets of each organization¹s names.
3.      Consider the proposal to not provide any new protections now and wait to see if any additional protections may be necessary after the delegation of the first round new gTLD strings and/or consider lowering costs for each organization to utilize RPMs ( i.e., Thomas Rickert¹s proposal)
4.      Consider possible additional protections for the RCRC/IOC as part of a broader PDP on the protection of names for international organizations
5.      Ask ICANN General Counsel¹s office to conduct a legal analysis to substantiate/verify whether there is clear evidence of treaty law and/or statutes that would require registries and registrars to protect IOC and RCRC names by law.  



Please let us know if you have any questions or need anything further at this time.  Thanks.

Best Regards,

Brian

Brian Peck
Policy Director
ICANN



--
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI, http://www.ceci.ca
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger