Amendment Process Research Articles

ICCAT modernization and its implications for Taiwan’s future participation

The purpose of this paper aims to understand how ICCAT was modernized to be in line with contemporary international fisheries legal regime so as to adopt up-to-date CMMs and strengthen their enforcement through its convention amendment process, and its implications for Taiwan’s future participation under the capacity of a “fishing entity” in this organization. This paper found that the enforcement on the high seas fisheries governance in the Atlantic Ocean has been significantly strengthened after the modernization of ICCAT. Particularly, a HSBI scheme has been adopted in the Article XI (4) of the amended ICCAT Convention. In other words, ICCAT will as its own high seas boarding and inspection (HSBI) scheme similar to that of other Tuna RFMOs to ensure that the CMMs adopted by ICCAT will be effectively enforced. In addition, the target species it manages has been expanded from highly migratory species (tunas) to sharks and other relevant marine species, and many important conservation and management principles, such as precautionary approaches, ecological considerations, and best scientific evidence available have been incorporated in the amended Convention texts. However, in relation to Taiwan’s participation, although a fishing entity has been granted certain rights in the amended ICCAT Convention, but some are not, particularly the HSBI scheme. How Taiwan can overcome these disadvantages is therefore a major issue for its participation and negotiation strategies in the near future.

LEGAL ANALYSIS OF THE PROCEDURE OF CONSTITUTIONAL AMENDMENT IN THE CONSTITUTION OF THE REPUBLIC OF NORTH MACEDONIA AND CHANGES OF THE PREAMBLE THROUGH A CONSTITUTIONAL AMENDMENT

In this article we will try to give an overview of the examines the constitutional amendment process in the 1991 Constitution of the Republic of North Macedonia and, more specifically, how these changes have affected the preamble of the constitution. The constitutional amendment process is conducted in accordance with the procedures outlined in the 1991 Constitution. The modification of the preamble is a consequence of constitutional amendments. This study explores the constitutional adjustments of the Republic of North Macedonia as well as the alignment of these changes with practices in Europe. This work offers a more detailed analysis of the Republic of North Macedonia's constitutional amendment process and changes to the preamble. The research topic will examine the permissibility of amending the preamble or any segment of the preamble through constitutional amendments. It will analyze various perspectives on whether the preamble constitutes an integral part of the constitution and consequently assess the feasibility of amending it via a constitutional amendment. In this regard, as a source in terms of methodology will search relevant scientific literature actually scientific books, constitutions, scientific papers in printed version and on the online databases as Google Scholar, Researchgate (journals indexed on EBSCO, SCOPUS, WEB OF SCIENCE) insight by keywords: “amendments” “procedure of constitutional amendment”, “constitution of the republic of North Macedonia” and “constitution of the Republic of Croatia”. All these books and scientific works are in different languages, such that, in English, Macedonian, Croatian, Turkish, etc. In that way, the references and the quality of this scientific research are enriched.

Updates to Incontinence After Prostate Treatment: AUA/GURS/SUFU Guideline (2024).

In 2023 the American Urological Association (AUA) requested an Update Literature Review (ULR) to incorporate new evidence generated since the 2019 publication of this Guideline. The resulting 2024 Guideline Amendment addresses updated recommendations to provide guidance for the care of patients with incontinence after prostate treatment (IPT). In 2023, the IPT Guideline was updated through the AUA amendment process in which newly published literature is reviewed and integrated into previously published guidelines. There were 82 studies of interest initially identified in preliminary abstract review. Following full-text review, 17 studies met inclusion criteria and ultimately informed the statements of interest. The Panel developed evidence- and consensus-based statements based on an updated review to provide guidance for the care of patients who experience IPT. These updates are detailed herein. As prostate treatments are refined, a decreasing incidence of incontinence is anticipated. This Guideline will require further review as the diagnostic and treatment options for patients with IPT continue to evolve.

Updates to Male Infertility: AUA/ASRM Guideline (2024).

In 2023 the American Urological Association (AUA) requested an Update Literature Review (ULR) to incorporate new evidence generated since the 2020 publication of this Guideline. The resulting 2024 Guideline Amendment addresses updated recommendations to provide guidance on the appropriate evaluation and management of the male partner in an infertile couple. In 2023, the Male Infertility Guideline was updated through the AUA amendment process in which newly published literature is reviewed and integrated into previously published guidelines. An updated literature search identified 4093 new abstracts. Following initial abstract screening, 125 eligible study abstracts met inclusion criteria. On data extraction, 22 studies of interest were included in the final evidence base to inform the Guideline amendment. The Panel developed evidence- and consensus-based statements based on an updated review to provide guidance on evaluation and management of male infertility. These updates are detailed herein. This update provides several new insights, including revised thresholds for Y-chromosome microdeletion testing, indications for pelvic MRI imaging in infertile males, and guidance regarding the use of testicular sperm in nonazoospermic males. This Guideline will require further review as the diagnostic and treatment options in this space continue to evolve.

Attribution clause as a tool for addressing contractual imbalances and applicability in civil contracts

Abstract* Attribution rules act as a tool to modify the terms of a contract by accepting pre-specified terms and conditions. This methodology ensures that the contractual relationship is protected while addressing potentially complex scenarios that may arise during contract execution due to evolving circumstances. To maintain the binding force of the contract, Parties expedite dispute resolution and protect the integrity of their contracts by choosing recourse and prior agreeing to remedies, which encourages continuity in enforcement. These clauses are intended to automatically amend the terms of the contract without requiring the parties to participate in the amendment process. These items adjust the amount of funds subject to the obligation according to changes observed by external indicators associated with the obligation. This is done by comparing the price of a particular currency with the price of a different commodity. In the case of payment in gold or foreign currency, it represents an assault on the binding legal force of the national currency by competing with it as a means of payment and considering it as one of them. Terms of payment in gold and foreign currency are excluded from the attribution requirement, which replaces legal means of payment with new means of payment. It does not constitute a basis for determining the extent of fulfillment of the obligation, and we conclude that the attribution clause is a distinct legal system that deals with amending contractual terms and the contractual imbalance they cause. Amendment is permitted in the event of circumstances occurring that would upset the balance throughout the contract implementation period, and we recommend adopting the attribution clause as an automatic adjustment tool.

Kontekstualisasi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dalam Perspektif Islam

Constitutional amendments in Muslim-majority countries, including Indonesia, often face political challenges, constitutional conflicts, and harmonisation between sharia principles and democratic values and civil liberties. This process reflects the complex socio-political dynamics of achieving a balance between tradition and modernity. This research aims to understand these challenges from an Islamic perspective, identify factors that influenced the amendment process, and explore the integration of Islamic principles with democratic values within a reformist constitutional framework. Using a qualitative approach and analysing relevant documents and literature studies, as well as conducting interviews with legal, political and religious experts, this research highlights the political tensions and conflicts related to human rights, governance structures, minority rights and religion. Despite challenges, there are opportunities to mediate sharia principles with democracy through constructive dialogue and compromise. The research also offers strategies to support constitutional reforms that take into account public welfare and democratic principles. Keywords:Constitution, Contextualization, Islam.

Eco-centric Theory: Environmental Conscious Constitution

Many national constitutions incorporate elements of environmental constitutionalism, yet the absence of these provisions in some countries indicates suboptimal implementation. This normative juridical research investigated the key factors that influence a country's decision to embrace environmental constitutionalism based on historical case studies of countries that have amended their constitutions in this area, underscoring the contextual background as a pivotal influence on the constitutional amendment process. This environment inevitably shaped the amendment process, exposing it to a variety of influential factors. The research concluded by emphasizing critical strategies necessary for successful constitutional amendments, including aligning environmental protection with national values, leveraging crises, addressing economic factors thoroughly, and garnering the requisite political support from both the public and politicians.

Treatment of Non-Metastatic Muscle-Invasive Bladder Cancer: AUA/ASCO/SUO Guideline (2017; Amended 2020, 2024).

Although representing approximately 25% of patients diagnosed with bladder cancer, muscle-invasive bladder cancer (MIBC) carries a significant risk of death that has not significantly changed in decades. Increasingly, clinicians and patients recognize the importance of multidisciplinary collaborative efforts that take into account survival and quality of life concerns. This guideline provides a risk-stratified, clinical framework for the management of muscle-invasive urothelial bladder cancer. In 2024, the MIBC guideline was updated through the AUA amendment process in which newly published literature is reviewed and integrated into previously published guidelines in an effort to maintain currency. The amendment allowed for the incorporation of additional literature released since the previous 2020 amendment. The updated search gathered literature from May 2020 to November 2023. This review identified 3739 abstracts, of which 46 met inclusion criteria.When sufficient evidence existed, the body of evidence was assigned a strength rating of A (high), B (moderate), or C (low) for support of Strong, Moderate, or Conditional Recommendations. In the absence of sufficient evidence, additional information is provided as Clinical Principles and Expert Opinions. Updates were made regarding neoadjuvant/adjuvant chemotherapy, radical cystectomy, pelvic lymphadenectomy, multi-modal bladder preserving therapy, and future directions. Further revisions were made to the methodology and reference sections as appropriate. This guideline seeks to improve clinicians' ability to evaluate and treat patients with MIBC based on currently available evidence. Future studies will be essential to further support or refine these statements to improve patient care.

안정과 변동

Societies are constantly changing, and legal systems are always organized in the context of those changes. Constitutions have a dual nature in the context of social change. On the one hand, it seeks to remain stable in the face of social change (stability). This helps maintain a normative and institutional core that should not be easily altered in response to social changes. On the other hand, it also aims to adapt to social changes (changeability). Constitutions themselves recognize the possibility of amendment and are open to various interpretations and applications. The two may seem contradictory, but both are essential to maintaining the normative power of a constitution.
 In some cases, however, these attributes of a constitution may be unjustifiably or unnecessarily overemphasized. For example, an overemphasis on stability during a time when the constitution should be adapting to social change can cause it to fall behind. This can include legitimate amendments or laws that fail to meet the overly stringent requirements of the amendment process or are declared unconstitutional by the constitutional court. However, changeability can become problematic as well when it is unfairly exercised. This can occur when a constitution is misinterpreted or improperly amended.
 This article examines these cases and proposes the dualization of the constitutional amendment process, eternal clauses, and the introduction of constitutional review on constitutional amendments as remedies for the problems. Although these measures are not perfect solutions, they will help preserve the rational core of constitutional stability and changeability while curbing the unwarranted exercise of each attribute.
 Although there has been considerable debate about the current constitution, the issue of revising the constitutional amendment process has received less attention. However, to improve our constitution in the future, it is essential to pay attention to the amendment process. Revising the process for amending the constitution is a crucial task in constitutional revision.

Definition "farmer" in EU legislation and its implementation into the legislation of Ukraine

The article is devoted to the issue of unification in Ukrainian legislation the definitions that are used in the European legislative acts concerning the Common Agricultural policy (hereinafter - CAP), particularly, the definition of "farmer" as a beneficiary of direct payments.
 There are numerous definitions of subjects providing agricultural activity according to the current Ukrainian legislation: agricultural producer, manufacturer of agricultural products, household, agricultural enterprise, subject of agro-industrial complex, agricultural cooperative, individual farm, farming enterprise, family farming enterprise, farming enterprise as an individual entrepreneur. Instead of this the European agricultural law operates with the term "farmer".
 In order to provide the correct and barrier-free applying of CAP provisions that would regulate the agricultural activity of Ukrainian persons, legal and natural ones, after Ukraine becomes the member of the European Union, it is necessary now to conduct a research of the concept of term "farmer" according to EU legislation and the related definitions such as "agricultural activity", "agricultural products", "active farmer", "young farmer", "new farmer". The obtained results could be taking into account in the legislative amendment process that is taking place in Ukraine due to the granted status as a candidate to the EU. Abovementioned is the aim of these thesis.
 In order to gain correct understanding of the term "farmer” in the EU countries the structure of the European agricultural sector is analyzed by the author. Summarizing the conducted research it is stated that due to the European approach enshrined in the CAP the term "farmer” is a general definition to all the persons that provide agricultural activity irrespectively to their size, organizational structure, type of management etc. In order to harmonize the national Ukrainian legislation to the European one there are several propositions how to amend the legislation.

The consensus-clarifying role of deliberative mini-publics in constitutional amendment: A reply to Oran Doyle and Rachael Walsh

Abstract Oran Doyle and Rachael Walsh’s article “Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy” is a welcome addition to the literature on Ireland’s efforts to integrate deliberative citizen-involved structures into its constitutional amendment process. We agree that the Citizens’ Assembly on abortion played a role in shaping the legal position that ultimately emerged in Irish law; we disagree, however, with the authors’ account of how that occurred. In particular, we do not believe the Irish experience supports the claim that deliberative mini-publics help to build the consensus for constitutional amendment. On the contrary, on each occasion where amendment processes incorporating a deliberative element have succeeded in Ireland, there has been clear evidence of an enduring pre-existing public consensus over the core of the amendment proposed. We suggest that the potential value of deliberative mini-publics might more accurately be seen as one of consensus-clarifying rather than consensus-building. While a mini-public may be unlikely to create a novel constitutional consensus, it can have a significant—potentially causal—role in converting a general and disparate desire for change into a specific form. That, in our view, is what occurred with the repeal and replacement of Ireland’s constitutional position on abortion. We argue that a careful analysis of the process provides tangible evidence that the Assembly affected the outcome in clear and specific ways: its significant impact was not in creating a constitutional consensus that had previously been absent, but rather, we argue, in putting on the agenda, and coalescing support around, a specific form of legal change.

Assessing the influence and legitimacy of citizen deliberation on abortion: A rejoinder to Eoin Carolan and Seána Glennon

Abstract This article responds to the two key arguments presented by Eoin Carolan and Seána Glennon in their reply to our article: that the Citizens’ Assembly on abortion had a “consensus-clarifying” function rather than a “consensus-building” function in respect of the Irish constitutional amendment on abortion in 2018; and that participation in deliberative mini-publics should be compulsory, like jury service. We argue that the distinction drawn by Carolan and Glennon does not assist in understanding constitutional amendment processes, as the consensus required for a constitutional amendment must be fully formed, in respect of a specific amendment. We contend that the Irish Citizens’ Assembly assisted the formulation of that consensus in respect of abortion reform in Ireland. We argue that compulsory participation risks distorting the discursive environment that is essential to an effective and legitimate deliberative mini-public, and could fail to ensure the desired representativeness if exceptions to participation were allowed in certain circumstances.

Policy Change Process of Suwon City’s Participatory Budgeting System Applying Kingdon’s Policy Stream Framework

This study aims to analyse the amendment process of the resident participatory budgeting ordinance of the Suwon City Government by applying Kingdon's Policy Stream Framework, and to explore ways to activate the participatory budgeting system. This study examines the three streams in the Kingdon’s Policy Stream Framework influenced by the revision of the participatory budgeting ordinance and identifies who played a leading role. In particular, this study analyses to resolve the structural limitation of the system and suggests ways to revitalize the system. As a result, it is necessary to audit the political stream of Kingdon’s 3 policy stream in order to legislate a new system such as the participatory budgeting system. The political stream is the most influential in deciding whether to introduce participatory budgeting. It is also important to make a cooperative network among local government, local council and Non-Governmental Organisations (NGOs) in order to solve the structural limitations of the participatory budgeting system, such as the lack of professionalism and representatives of the residents.

스위스의 헌법개정절차와 사례에 대한 연구

In revising the constitution, there are various types of constitutional amendment procedures depending on whether or not popular initiative and referendum are introduced. For instance, Switzerland's constitutional amendment procedure has both popular initiative and referendum, but that of Korea does not have popular initiative.
 In Korea, a constitutional amendment and proposals to introduce a popular initiative to the Korean Constitution are being proposed. For example, in 2020, 148 lawmakers proposed a constitutional amendment bill to introduce a national initiative. In addition, the advisory committee of the National Assembly's Special Committee on Constitutional Amendment in 2016 and the Korean Constitutional Society in 2020 respectively proposed opinions to introduce a popular initiative. In improving the Korean constitutional amendment procedure, a popular initiative is being raised as a strong alternative.
 However, because Korean constitutional revision procedure has essential referendum and the Korean National Assembly has no right to amend the proposed constitutional amendment, if a popular initiative is introduced while maintaining the current revision procedure, considerable administrative costs and inefficiencies may happen. In other words, according to the introduction of the popular initiative, constitutional amendments may be frequently proposed, and after being referred to the referendum without amendment by the National Assembly, the referendum may be carried out in each constitutional amendment. According to a certain study, each referendum costs up to 150 billion Korean won.
 Switzerland has more than 130 years of experiences and various systems in operating both referendum and popular initiative as a constitutional amendment process. Therefore, this study would like to examine Switzerland's constitutional amendment procedures and cases, and to derive implications for the Korean constitutional amendment procedure.

Charles De Gaulle’s Effect on French Politics

The fate of France’s political and constitutional history, which had been rife with instability, was altered with the establishment of the Fifth Republic. However, the transition to a new political system was quite painful. Moreover, system debates continued after the proclamation of the Fifth Republic. Especially the 1962 constitutional amendment process left France faced with a new political crisis. This research aims to reveal how Charles de Gaulle, the first president of the Fifth Republic, had an effect on the shaping of French politics and overcoming the political crises that led to the system debates.

Constitutional Limits of Islamic Law: God in the Preamble to the Indonesian Constitution

Abstract The references to God in the preamble to the Indonesian Constitution raise a fundamental question, “do these references mean that the Constitution should be religious?” This paper aims to propose a new interpretation to the references to God in the preamble. Particularly, it suggests reinterpretation of the trajectory of the phrase “belief in One and Only God” in the making of the 1945 Constitution and during the amendment process, and of its legal significance. This article will also examine the implication of those references for the legitimacy of the state implementation of Islamic law. By analyzing the Constitutional Court’s decisions in the Religious Court Jurisdiction case, this article further investigates the implication of the constitutional interpretation of this phrase for the constitutionality of Islamic law. It argues that the preamble which is secular in nature provides the paradigm for enabling and limiting the institutionalization of religion, including Islamic law.

The possibility of creating an ICSID protocol for the establishment of a multilateral investment tribunal: A flexible or complex process.

The 2030 Agenda for Sustainable Development was introduced in 2015 with its 16th goal which has targeted enhancing the concepts of the rule of law and universal access to justice. This goal, along with the current trend of directing investment projects towards sustainable development, has brought the mechanisms for investor-state dispute settlement (ISDS) into the spotlight in the realm of global investment.Recently, based on a different vision that was supported, especially by the European Union, a new approach to ISDS emerged that is characterized by fundamental differences from the well-known approach represented in the ICSID system. Whereas providing facilities to settle and arbitrate the investment disputes between a state member and investors belonging to another state member over several decades by the ICSID system made it a key player in the administration of the ISDS system. The fundamental differences adopted by the new EU’s model represent a serious challenge to the ICSID system. Especially if this new system proves to be effective and widely used and inserted in future international investment agreements (IIAs), the ICSID will be required to make adjustments that are compatible with this new system.Due to the complexity of the process of amendment to the ICSID convention, as it requires unanimous consent by all member states, the present paper, by analysing some historical stations of the functional and administrative context of the ICSID, examines the flexibility of the ICSID convention to establish a protocol that includes the features of the new system without resorting to amending the convention. The paper concludes that the ICSID enjoys the flexibility necessary to establish this protocol. Finally, the paper presents the motives and benefits envisioned for the establishment of this protocol.

87년 헌법 개정론의 의의와 한계

There is a need for a sequential and gradual process of constitutional reform, with targets that reflect the strong need for constitutional reform and the level of consensus at various levels.
 It is also necessary to respond to the fact that the flawed political representation system has been an essential problem of the 1987 Constitution. That is, efforts should be made not only to emphasize representation in the constitutional revision process, but also to ensure sufficient participation of the people, who hold the authorship of the constitution, in accordance with the principle of sovereign people, which is the highest principle for the formation of national power structure. As a realistic alternative, it is necessary to actively embrace the civic and deliberative public debate system in the constitutional amendment process rather than the traditional method. This can be achieved to a certain extent through legislative reforms such as the Constitutional Amendment Procedure Act or the Referendum Act, rather than constitutional amendments.
 In the end, we believe that sequential partial constitutional amendments, along with the democratic institutionalization of the constitutional amendment process, including the introduction of a deliberative public debate system, is a realistic alternative to inherit the achievements of the 1987 Constitution, improve its shortcomings, and build a new level of democratic republic.

The Cypriot Doctrine of Necessity and the Amendment of the Cypriot Constitution: The Revision of the Unamendable Amendment Rules of the Cypriot Constitution Through a Juridical Coup D’ État

Abstract The constitutional design and the complete inability of the two ethnic communities who live in Cyprus (Greeks and Turks) to share the power according to the constitutional rules concluded soon after the independence to a constitutional crisis and consequently to the collapse of the system of governance that the Constitution provided, since the Turk-Cypriots withdraw from all their posts in key state institutions. The Supreme Court, in order to confront the issue that the part of the Constitution which set the system of governance became inoperative, implemented the ‘Doctrine of Necessity’, according to which the constitutional provisions that prescribe the bi-communal composition of all key institutions are suspended until the crisis comes to an end. The implementation of the Doctrine of Necessity did not leave intact the amendment formula of the Cypriot Constitution, which demands two separate majorities by 2/3rds of each community MPs for the conclusion of the process. However, such implementation of a judge-made standard to the amendment process raises crucial issues regarding the possibility of making clear-cut distinctions between constituent and constituted power, formal and informal constitutional change and about the legitimation of judges to revise through interpretation the amendment rules that the Constitution prescribes.

Evolution of the Regulation of the Transport of Dangerous Goods by Road (Part 1)

The transport of various hazardous materials called “dangerous goods” in carriage is subject to strict international rules. The transport of dangerous goods by road has been governed by an international agreement since 1968, but its origins go back much further. Regulations of the transport of dangerous goods by road has paramount importance for several reasons. A road accident could result in a large contaminated area, and a serious economic damage is created by the loss of the goods. In this publication, the author examines the main stages in the history of the ADR Agreement, the process of the second amendment of the Agreement and reviews the experience gained since then.