Re: [council] RE: [nc-udrp] nc-udrp@dnso.org mailing list is open

["Prof.Dr. Joon-Hyung Hong" <joonh@snu.ac.kr>]

Hi, everyone!
I think those questions initially raised by Elisabeth was crucial, which we should discuss before we go. The main point was, in my opinion, the seemingly overrepresentation of NA together with underrepresentation of other regions. Equal representation as such, in terms of different families of law or regional distribution, language differences etc., may not to be solved for now. We should take into consideration. however, that the recommendations to be submitted by the TF might not be accepted as legitimate, just because the TF is overly dominated by members from NA. Don't we have to review the possibility of recruiting more people from non-NA regions? As far as I know, there have been some efforts to get recommendations from other regions. What has become of it?
I'd like to suggest also, that the TF should take some input from those parties who experienced the UDRP dispute resolution service by the existing providers. Are there any experts among those who lost cases who found some problems in the UDRP regime ?

Prof.Dr.iur. Joon Hyung Hong(Just call me Joon please!)

----- Original Message ----- 
From: "Dan Steinberg" <synthesis@videotron.ca>
To: "Oscar A. Robles Garay" <orobles@nic.mx>
Cc: "Milton Mueller" <Mueller@syr.edu>; <philip.sheppard@aim.be>; <CCHICOINE@thompsoncoburn.com>; <council@dnso.org>; <DNSO.Secretariat@dnso.org>; <nc-udrp@dnso.org>
Sent: Wednesday, September 05, 2001 11:51 AM
Subject: Re: [council] RE: [nc-udrp] nc-udrp@dnso.org mailing list is open


> 
> Point of information: I trained in civil law at université de montréal.  If you check I  think you will find my credentials impeccable. At least the US congress thought so when they asked me to testify (more than once) on international law and infrastructure issues other than the internet. Believe it or not there is
> life outside the internet.
> 
> So any suggestion that we need droit civil (civil law) representation before starting I would say is moot.  Other than civil and common law, what other legal systems are you looking for?  As far as I know, they manage to cover over 95% of the nations between the two. For example, the worlds most populous country
> (China) is a primarily civil law jurisdiction, with common law used in Hong Kong and other special enclaves.  I would say civil and common law account for 100% but my search is not complete, so I accept the possiblity that there is another system to be represented.  Should that imede the task force? I think not, since
> there is already a good nexus with the existing jurisdictions.
> 
> 
> 
> 
> "Oscar A. Robles Garay" wrote:
> 
> > I agree with Milton in the need to have the representation of different views on this group. I guess thatthis TF is different from the ones we intended to define with the internal procedures. I believe this group should have the repsresentation of the most usual law systems in the world (common law and civil law?).
> >
> > I would encourage to look for representatives for the @other@ law systems not represented in the curent TF and not start until we found at least one third of the other systems (in case identify just one system), a half (in case we identify more than one).
> >
> > Also I support Elisabeth proposal to have geographic representation in groups that require it. And to define "special" TF's,  as this one, when the criteria is another one.
> >
> > Oscar
> >
> > On Tue, 4 Sep 2001, Milton Mueller wrote:
> >
> > > In my opinion we really need to tough this out.
> > > The point of the TF process was to represent different views of the
> > > UDRP, not different geographic regions. That is FAR more important,
> > > in my opinion. But I agree with Caroline that it would be bad to get
> > > this distinguished group to invest time in something and then
> > > pull the rug out from them.
> > >
> > > As far as we can tell, Elisabeth is one voice.
> > >
> > >
> > > >>> "Chicoine, Caroline G." <CCHICOINE@thompsoncoburn.com> 09/04/01 05:55PM >>>
> > > Philip, are Milton and I to assume that we can go forward with the Task
> > > Force? I personally do not want to be responsible for wasting our Task Force
> > > volunteers' time on proceeding if the NC feels that we need to reconstitute
> > > the Task Force or if the NC is not going to support our efforts in light of
> > > our geographic makeup.
> > >
> > > In either case, it is very difficult for me, Milton or the poor volunteers
> > > to the Task Force, to get "excited" about this review with comments like
> > > these:
> > >
> > > "Bottom line: would you really be part to a Review Group dominated by 16 NA
> > > for 3 Europeans, 1 African 1 Asian 1 Latin American ? Do you think that any
> > > outcome from such a group will be perceived as legitimate ? Do you think it
> > > will make a good opinion to ICANN and the Names Council ? Do you think it
> > > makes sense to set up and international body if it is not ? Why do you need
> > > the world here if you consider you may do everything on the world behalf ?
> > > Elisabeth"
> > >
> > >
> > >
> > > -----Original Message-----
> > > From: DNSO Secretariat [mailto:DNSO.Secretariat@dnso.org]
> > > Sent: Monday, September 03, 2001 6:38 AM
> > > To: nc-udrp@dnso.org
> > > Cc: philip.sheppard@aim.be
> > > Subject: [nc-udrp] nc-udrp@dnso.org mailing list is open
> > >
> > >
> > >
> > > The nc-udrp@dnso.org mailing list is open.
> > >
> > > The geographic distribution of this group is:
> > > 16 NA, 3 EU, 1 AF, 1 AP, 1 LAC.
> > >
> > > The list of members follows.
> > >
> > > DNSO Secretariat
> > > --
> > >
> > > "Non voting co-Chair Caroline G. Chicoine" <cchicoine@thompsoncoburn.com>
> > > has been added to nc-udrp.
> > > "Non voting co-Chair Milton Mueller" <mueller@syracuse.edu> has been added
> > > to nc-udrp.
> > >
> > > "Business Constituency, Sarah Deutsch (NA)" <sarah.b.deutsch@verizon.com>
> > > has been added to nc-udrp.
> > > "ccTLD Constituency, Neil Duncan Dundas (AF)" <ndundas@africaip.com> has
> > > been added to nc-udrp.
> > > "gTLD Constituency, Jeff Neuman (NA)" <Jeff.Neuman@NeuLevel.com> has been
> > > added to nc-udrp.
> > > "IP Constituency, J. Scott Evans (NA)" <jse@adamspat.com> has been added to
> > > nc-udrp.
> > > "ISP Constituency, Antonio Harris (LAC)" <harris@cabase.org.ar> has been
> > > added to nc-udrp.
> > > "NCDNH Constituency, Michael Froomkin (NA)" <froomkin@law.miami.edu> has
> > > been added to nc-udrp.
> > > "Registrar Constituency Michael Palage (NA)" <michael@palage.com> has been
> > > added to nc-udrp.
> > >
> > > "Complainant (or representative), Katrina Burchell (EU)"
> > > <Katrina.Burchell@unilever.com> has been added to nc-udrp.
> > > "CPR Panelist, M. Scott Donahey (NA)" <msd@tzmm.com> has been added to
> > > nc-udrp.
> > > "CPR Provider, F. Peter Phillips (NA)" <pphillips@cpradr.org> has been added
> > > to nc-udrp.
> > > "eResolution Panelist, Ethan Katsh (NA)" <katsh@legal.umass.edu> has been
> > > added to nc-udrp.
> > > "eResolution Provider, Dr. Joelle Thibault (NA)" <jthibault@eresolution.com>
> > > has been added to nc-udrp.
> > > "NAF Panelist, James A. Carmody (NA)" <carmody@lawyer.com> has been added to
> > > nc-udrp.
> > > "NAF Provider, Tim Cole (NA)" <tcole@arb-forum.com> has been added to
> > > nc-udrp.
> > > "Respondent (or representative), John Berryhill (NA)" <jberryhill@ddhs.com>
> > > has been added to nc-udrp.
> > > "WIPO Panelist, Maxim Waldbaum (NA)" <mwaldbaum@salans.com> has been added
> > > to nc-udrp.
> > > "WIPO Provider, Erik Wilbers (EU)" <erik.wilbers@wipo.int> has been added to
> > > nc-udrp.
> > > "GA Member, Dan Steinberg (NA)" <synthesis@videotron.ca> has been added to
> > > nc-udrp.
> > > "Independent ADR expert, Joon Hyung Hong (AP)" <joonh@chollian.net> has been
> > > added to nc-udrp.
> > > "Independent academic expert, Graeme Dinwoodie (EU)" <gdinwood@kentlaw.edu>
> > > has been added to nc-udrp.
> > >
> > >
> 
> --
> Dan Steinberg
> 
> SYNTHESIS:Law & Technology
> 35, du Ravin  phone: (613) 794-5356
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> J9B 1N1                 e-mail:synthesis@videotron.ca
> 
>