[EURO-Discuss] transparency on changes of rules
nick.ashton-hart at icann.org
Tue May 8 07:11:56 EDT 2007
That is exactly the case.
The provisions were meant to be flexible though - if those who signed
decided to let those who do not sign - now or in the future - vote,
then nothing stops the signatories from decididng to allow that. The
reverse is also the case.
As to your point about whether the MoU has any impact on non-signers,
you are of course correct that it only binds those who are a party to
Note that these are two separate questions though.
On 08/05/07, Roberto Gaetano <roberto at icann.org> wrote:
> I don't know what was the past correspondence, and I assume that this is a
> question that ultimately will end, for a change :<(, with the lawyers, but
> my understanding since the beginning was that the relationship between ICANN
> and EURALO, including the modus operandi of EURALO within ALAC, was going to
> be governed by the MoU.
> As a matter of fact, re-reading the documents (AoA & MoU) I see that the
> election of EURALO representatives is covered in articles 1.2.5 and 5.4.1 of
> the MoU. I wonder how the MoU could extend legally to organizations like
> ALSes that do not sign the MoU. Of course, in the beginning we all thought
> of an MoU signed by EURALO with ICANN, and implicitely adopted by each ALS
> by joining the EURALO, but since we went the road of individual signatures
> for the MoU, by the same toke we must assume that the MoU takes force only
> for the ALSes who have signed it, not for the others. Who, if they do not
> want to sign, will remain unaffected by MoU obligations, but also unaffected
> by MoU advantages.
> Where does this not make sense?
> > -----Original Message-----
> > From: euro-discuss-bounces at atlarge-lists.icann.org
> > [mailto:euro-discuss-bounces at atlarge-lists.icann.org] On
> > Behalf Of Annette Muehlberg
> > Sent: 08 May 2007 12:11
> > To: Nick Ashton-Hart ICANN
> > Cc: EURALO Discussion
> > Subject: [EURO-Discuss] transparency on changes of rules
> > Dear Nick,
> > You just wrote:
> > "Whilst no impediment to participating in the work of the
> > organisation is otherwise envisaged, it was strongly felt
> > that only ALSes who are a party to the MoU with ICANN should
> > cast votes in the upcoming election."
> > It is hard to understand the deeper significance of this
> > sentence, especially for non-native english speakers.
> > After Lisbon I talked with you on the phone about the rights
> > of ALSes who did not sign the MOU. You said, that there is no
> > difference concerning voting rights in comparison to those
> > who signed it.
> > After our talk you wrote on the list:
> > "At the present time, NO LIMITATIONS ON NON-SIGNING ALSes
> > HAVE BEEN PROPOSED OR AGREED. Therefore, ALL ALSes IN EUROPE
> > HAVE FULL RIGHTS TO PARTICIPATE IN ALL ASPECTS OF THE EURALO.
> > There has been some question about this raised in previous
> > emails. I hope this reinforces that there is nothing to worry about."
> > Based on your mail, all accredited ALSes could expect to have
> > voting rights without limitations. But according to your
> > latest mail it seems that restrictions occured to those who
> > did not sign and voting rights have been limited to MOU
> > signers - except they would sign within the next two days.
> > How can you expect that volunteer representatives of our
> > ALSes can meet such short term deadlines?
> > So, if inbetween your two eMails (mentioned above)
> > limitations on rights of ALSes have been introduced: what
> > changes exactly were made? why?
> > when? by whom?
> > Best
> > Annette
> > _______________________________________________
> > EURO-Discuss mailing list
> > EURO-Discuss at atlarge-lists.icann.org
> > http://atlarge-lists.icann.org/mailman/listinfo/euro-discuss_a
> > tlarge-lists.icann.org
PO Box 32160
London N4 2XY
UK Tel: +44 (20) 8800-1011
USA Tel: +1 (202) 657-5460
Fax: +44 (20) 7681-3135
mobile: +44 (7774) 932798
Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com /
Online Bio: https://www.linkedin.com/in/ashtonhart
More information about the EURO-Discuss