RE: [council] RAA Drafting Team

["Tim Ruiz" <tim@xxxxxxxxxxx>]

Bill,

I understand your comments, but in general it sounds like you would
support Philip's approach, correct? We will discuss with the rest of the
RrC Executive Committee.

Tim  
 
-------- Original Message --------
Subject: Re: [council] RAA Drafting Team
From: William Drake <william.drake@xxxxxxxxxxxxxxxxxxxx>
Date: Fri, April 17, 2009 4:13 am
To: Philip Sheppard <philip.sheppard@xxxxxx>
Cc: <council@xxxxxxxxxxxxxx>


Hi Philip,

On Apr 17, 2009, at 10:32 AM, Philip Sheppard wrote:

>
> Further to my comments on the call yesterday allow me to clarify and 
> make a proposal that
> may save us all a lot of time.
>
> Background
> The BC supports a consideration of further RAA changes.
>
> Question
> What is the best way to do this ?
>
> Proposal
> 1. First, do fact finding and create a list of EXISTING 
> registrants' rights including (and
> separating out) voluntary best practice (mostly a Registrars 
> exercise).

Mostly but not exclusively, and there may be differences of 
interpretation as to what rights now exist under relevant consumer 
protection laws and guidelines, hard to know ex ante.
>
> 2. Create a second list of ADDITIONAL registrants' rights that 
> registrants want (mostly a
> Users exercise).

Probably so, although it's at least possible other parties might see 
constructive grounds for additions.
>
> 3. Create a group to study the two lists and determine which of 
> these additional rights and
> voluntary best practice CAN be implemented with new RAA changes (a 
> joint users / suppliers
> exercise) ie POSSIBLE even if some opinions say UNDESIRABLE.
>
> 4. Then, NEGOTIATE on which of these additional rights will go 
> forward to be implemented by
> RAA changes.

Presumably it would be the same group doing 3-4 that did 1-2?
>
>
> That may be in the minds of those that drafted the RAA motion but as 
> I said on the call, and
> from what I heard on the call, I detected a confusion in approach.

I didn't detect it; the process you describe seems pretty 
straightforward and consistent with what one would expect the group to 
be doing.
>
> The key is to avoid negotiating too early or arguing over the 
> content of a "charter of
> rights."

Again, hard to know before the fact whether there will be differences 
of view and how sharp these might be at each of the four steps, but if 
there are, arguing them out would seem necessary to me.
>
> As said on the call I would strongly recommend changing the 
> terminology.

Council agreed to do a charter and this is why the RAA amendments 
passed unanimously. We can't proceed on the basis of bait and switch.

Best,

Bill

***********************************************************
William J. Drake
Senior Associate
Centre for International Governance
Graduate Institute of International and
Development Studies
Geneva, Switzerland
william.drake@xxxxxxxxxxxxxxxxxxxx
www.graduateinstitute.ch/cig/drake.html
***********************************************************