Re: Issue: Transition rules?

[James M Galvin <galvin+ietf-nomcom@eListX.com>]

On Thu, 16 Oct 2003, Michael StJohns wrote:

    At 13:09 10/16/2003, James M Galvin wrote:

    >  Specifically, if
    >2727bis is approved during what would be the one week challenge period
    >the answer is there is no challenge.  The event that would have
    >permitted the challenge has passed and was completed under the old
    >rules.  Therefore the new rule of a challenge period does not apply.

    *buzzzz* Wrong answer.  For example, under US law, if a change in
    the law introduces a new cause of action, and that cause of action
    has a statute of limitations clause, the limitation begins with the
    effective date of the law, not with the event that was the cause of
    action - unless explicitly excluded by the law.

*buzzzz* Wrong answer. The cause of action is history.  The new rule
does not apply.


Let's be precise for the sake of discussion.  Continuing with your
example isn't this the sequence of events:

1. NOMCOM members selected.

   Under old rules we are now done with this step.

   Under news rules a one week challenge period would begin but since
   the new rules are not in effect there is no challenge period.

2. New rules are approved.

   Since the new rules were approved after the NOMCOM was selected that
   decision is history.  A challenge period does not spring into
   existence with the approval of the new rules because the challenge
   period would only exist if the decision that supported the challenge
   period was made under the new rules.  Under the old rules there is no
   challenge period.

3. One week after NOMCOM selected.

   Just another day....


I don't see the problem.

Jim