[governance] JPA

[Parminder]

Milton L Mueller wrote:
> > I also think that suggesting an 'international judidical body'  
> > for adjudication CIR/ related IG issues as a more urgent step  
> > would be useful, since a full treaty process could take long  
> > time. The model and legal basis for such a judicial or quasi- 
> > judicial body can be discussed. ,  
>  
> Same issue as my last message.
> What rules/law does this quasi-judicial body apply? Without that, it's 
> useless second-guess or a dangerous political bypass mechanism.
> We've tried to skip that stage for 10- years and it hasn't worked. 
> Let's get down to it.  
>
Milton

I have always clearly stated my preference for a global system of 
policies and rules in IG - legitimately arrived at. You know that from 
our work on framework convention DC and then also the effort to get 
enhanced cooperation thing out of the closets. However, a statement of 
an ideal and desired state is hardly enough. And here I was trying to 
see if Ginger's and Ian's effort to get a caucus statement can roll forward.

One needs to go into fuzzy areas as we practice real politik and 
negotiate the way forward. It is in this regard such proposals as a 
judicial or quasi-judicial body is being floated. It is proposed to be 
done at the same time as some kind of movement is shaped towards a 
treaty process. Your email response to Jeanette relates in detail your 
position on what is the desirable state, which, as you know, I 
completely agree with. But we also need to contribute effort on seeing 
how we can actually move towards that state. It is this respect I 
proposed this interim stage. Among others it also has the benefit of 
being a part of recent set of proposals by Commissioner Reding.

As for it becoming a 'useless second-guess or a dangerous political 
bypass mechanism' the problem remains, but I think a quasi-judicial 
panel can be provided better safeguards against this problem than the 
present GAC. And the treaty process should in any case start moving.

If you just propose - ' renew the JPA till we have a treaty', many would 
read it as just 'renew the JPA, dont let it lapse'. We need to push the 
process forward, and I am open to suggestions.

parminder




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