[governance] IGF and Enhanced Cooperation

Tue May 29 04:45:27 EDT 2012

Wolfgang points to a useful angle:

- nobody should argue that the IGF *IS* enhanced cooperation
- but the IGF is clearly part of the *PROCESS* towards enhanced cooperation
(ie a place where what EC should be can be discussed)

Is anybody proposing a workshop on Enhanced Cooperation in Baku? If not why?

Or alternatively, why not set up a pre- or parallel event?

The recent Geneva discussions were worthless: a mere repetition of
divergent interpretations. More substantive discussions are needed. What
role can IGC play in making the debate more useful?

B.

On Mon, May 28, 2012 at 11:04 AM, "Kleinwächter, Wolfgang" <
wolfgang.kleinwaechter at medienkomm.uni-halle.de> wrote:

> Here is the background for the IGF/EC confusion:
>
> It started within the WGIG (2004) where we had a mandate to define
> Internet Governance. After agreeing on the basics of the definition we soon
> realized that to "implement the definition" we have to take into
> consideration various functions. We ended up with a "forum function" (for
> policy development) and on "oversight function" (for decision making,
> mainly related to ICANN). The IGF was the proposal for the forum function.
> The "four models" for the oversight function (Status Quo-, Status Quo,
> Status Quo+, Status Quo++). With other words: We had consensus on the forum
> function but no consensus on the oversight function.
>
> The compromise in Tunis was to move from a "new cooperation MODEL" (as
> proposed by the EU/ this was status quo+ and included the establishment of
> an intergovernmental council for the level of "principle") to a "PROCESS of
> enhanced cooperation" (which postponed the decision on a new model). With
> other words, Tunis agreed on a "wait and see" approach for the "oversight
> function".
>
> It was very clear - and this was accepted already during the IGF 2007 in
> Rio by the MAG - that a "process" needs discussion, needs a forum.  Insofar
> today IGF and EC are indeed interconencted as elements of a global Internet
> PDP. But they remain different with regard to decision making and
> institutionalization (oversight function).
>
> In my eyes, the multistakeholder review process, established under the
> AOC, is the most adequate oversight mechanism for ICANN. However the first
> round of the four reviews (not yet completed) have documented also some
> weaknesses in the process. This has to be improved. Energy should be
> invested to make the second round of reviews - which starts end of
> 2013/early 2014 - stronger, more efficient and more public. The innovation
> of the ICANNs AOC Review Mechanism (AREM) is, that this process is both
> multistakeholder and decentralized with a strong role for governments (also
> for governments from developing countries).
>
> BTW, I could imagine also an IGF Review Mechanism to make IGF Improvement
> on onging process.
>
> Anyhow, the future is open.
>
> Wolfgang
>
> ________________________________
>
> Von: governance-request at lists.igcaucus.org im Auftrag von Jeremy Malcolm
> Gesendet: Mo 28.05.2012 08:35
> An: governance at lists.igcaucus.org; Andrea Glorioso
> Betreff: Re: [governance] IGF and Enhanced Cooperation
>
>
> On 28/05/12 14:23, Andrea Glorioso wrote:
>
>        both during the WSIS week in Geneva and recently on this mailing
> list I had the occasion to hear/read a number of persons claiming (rather
> forcefully) that the conclusions of the WSIS "clearly" meant the IGF to be
> the or at least an instrument to implement Enhanced Cooperation.
>
>        Leaving aside for a moment the subsequent UNGA resolution on the
> matter (but noting that even though, strictly speaking, we are not talking
> about binding international law, the principle of "lex posterior" could
> apply) I would be curious to know your views on which passages of the WSIS
> texts could lead to such conclusion.
>
>
> Lazily, just copying and pasting from page 518 of my 2008 book on the IGF (
> http://books.google.com.my/books?id=G8ETBPD6jHIC):
>
> "...there is no clear division between the role of the IGF and the process
> of enhanced cooperation in the Tunis Agenda; rather the former is treated
> as an integral component of the latter.[341] What can be taken from this is
> that whilst governments will continue to maintain sovereignty over the
> authoritative statement of public policy principles in international and
> domestic law, those principles are to be developed in a multi-stakeholder
> forum, the IGF (from where they may equally find implementation through
> other, non-legal mechanisms of governance)."
>
> [341] See WSIS, Tunis Agenda for the Information Society (as in n. 5 on
> page 2), paras 67-72, in
> which the middle paragraphs on enhanced cooperation are sandwiched by
> those calling for the
> establishment of the IGF.
>
>
> --
>
>
> Dr Jeremy Malcolm
> Senior Policy Officer
> Consumers International
> Kuala Lumpur Office for Asia-Pacific and the Middle East
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-- 
____________________
Bertrand de La Chapelle
Program Director, International Diplomatic Academy
Member, ICANN Board of Directors
Tel : +33 (0)6 11 88 33 32

"Le plus beau métier des hommes, c'est d'unir les hommes" Antoine de Saint
Exupéry
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