Drafting Process Research Articles

Institutional Challenges and Political Costs in the US Failure to Ratify the ICESCR

Author(s): Hamidi, Emmanuel | Abstract: On the international stage, the United States has played an active political role in the drafting process of international human rights treaties that shape both how human rights are framed and enforced. However, the United States has politically struggled to implement these international human rights treaties on a domestic level. Particularly, the United States government has carried structural and political tension preventing its embrace of the ICESCR. The following analysis will draw upon existing literature of the US relationship with the ICESCR and utilize Beth Simmon’s theory of treaty implementation as a framework to explain why the US has failed to ratify this central international human rights treaty. The investigation will find, by accounting for institutional hurdle, cultural preferences, and political will, that the politicization of economic rights in the US leads to favoring obstruction and isolationism in terms of treaty implementation, particularly when these deal with positive, economic rights.

Building knowledge with theory: Unpacking complexity in doctoral writing

The use of theory to analyse and interpret empirical data is a valued practice in much social science doctoral research. A crucial aspect of this practice involves generating sophisticated theoretical understandings and critiques of phenomena in our social world. Despite the importance of theory, however, few concrete explanations of how to ‘theorise’ exist in literature. This paper addresses this gap by demonstrating how a set of conceptual tools can be used to unpack what the craft of theorising looks like in explicit terms, and to reveal how this ability develops over time during the drafting process of dissertation writing. It does this by drawing on select texts from a successful doctoral dissertation, as well as an earlier draft version. In doing so, the paper provides an in-depth explanation of an essential process of doctoral research that is inherently known by many supervisors, yet seldom unpacked in explicit terms.

Pendampingan Penyusunan Rancangan Peraturan Daerah tentang Pencegahan dan Peningkatan Kualitas Perumahan Kumuh dan Permukiman Kumuh Kota Lhokseumawe

Regional Regulation (Perda) concerning Prevention and Improvement of Quality of Slums and Slums is an instrument to prevent the growth and development of slums in livable housing and settlements and to improve the quality of housing and settlements that are indicated as slums to become livable. Regional regulations on the Prevention and Improvement of Quality of Slum Housing and Slum Settlements are expected to contain regulations as regulated in national legislation and are equipped with specific local content for each region and to assist the Regional Government in the drafting process of the Regulation on Prevention and Quality Improvement of Slums and Slum Settlements, the Government (in this case the Directorate of Settlement Development, Directorate General of Human Settlements, Ministry of Public Works) has prepared a Regional Regulation Model on the Prevention and Quality Improvement of Slums and Slums. The purpose of the drafting of this Perda Model is to provide references and examples of regulations on prevention and improvement of the quality of slums and slums that have accommodated various provisions in national legislation.

Un manuscrito de El político de Gracián

ABSTRACT This paper aims to give notice about the existence of an unknown manuscript dated in the 17th century, which contains the text of Baltasar Gracián’s El político. It belongs to a factitious volume, catalogued in the library of the Real Academia Española. It is a clean, full copy, whose handwriting differs from that of the author’s only manuscript preserved at the present time: the autograph of El héroe. However, there are significant similarities in certain strokes and spelling features. The new testimony is valuable due to the almost total absence of manuscript sources of Gracián’s works, but also because it has a large number of variants, which could reflect a relevant moment during the course of the drafting process, prior to its arrival at the printing press. With regard to the princeps of 1640, which lacks sections, the manuscript includes a heading of section located between the end of the dedication and the text of the treatise itself. In addition, it omittes four paragraphs, as well as it changes numerous words, expressions, and even syntax in many places.

IMPLEMENTASI PEMBELAJARAN PENDIDIKAN AGAMA ISLAM DI SEKOLAH NU DAN MUHAMMADIYAH DALAM MEWUJUDKAN ISLAM WASHATIYYAH

The purpose of this research is to know the process of learning about Islamic Washatiyah in the process of NU and Muhammadiyah, and also to find out the obstacle and supporting factors in the learning processes. Based on topic, the researcher used a qualitative method, which is a field research to examine the condition of a natural object, which is something that is not manipulated circumstances and conditions. Qualitative research seeks to provide a systematic overview of stimuli and factual events on factors, traits, and relationships between the phenomena that they have to do the basics. This method is very relevant to the purpose or direction of research, understanding the situation of the research site and uncovers the natural condition, related to the study of Islamic religious education in realizing Islamic Islam. Data analysis is the process of recording, drafting, processing, and interpretation, as well as linking the meaning of data that has to do with the research problem, data reduction, data description, and data classification. The conclusion of the research process at the school Plus Malnu Pandeglang SMA and SMA Muhammadiyah City Serang until finishing of data collection will continue to be verified so that the conclusion is obtained a thorough, thus the conclusion in the study is expected to answer the formulation of problems that have been formulated from the beginning. Because NU and Muhammadiyah schools are the leading in preventing radicalism and intolerance for the realization of Islamic wasathiyah.

A study on fiber motion in the drafting zone and hook removal

In this study, the hook removal of four types of hooks during the drafting process has been investigated, and the theory of fiber straightening was further improved by analyzing the relationship between fiber length, fiber straightness, draft ratio, and the fiber accelerated point. Simultaneously, a time domain model was used to simulate the dynamic drafting process based on the straightening analysis, which provided an approach to capture the dynamic motion of different types of fibers and hook removal in the drafting zone. The model is validated by a previous study and experimental work, with the result that the output fiber straightness is both in a good agreement with those calculated by classical theories and experimental data. The straightening effect of the drafting process on four types of hooks under the same drafting conditions is compared. It is shown that the drafting effect on different types of hooked fibers is varied, with the clumped fiber removed preferentially followed by both end hooks or the trailing hook, whereas the leading hook is the most difficult to remove.

From “Painstaking” to “Open and Loose”: Using a Discursive-Cognitive Lens to Ease a Frustrated Adolescent Writer’s Process

This case study of teacher research explores the utility of framing the writing development of adolescent writers in terms of their discursive identities and strategic behaviors. By merging our understandings of these frameworks, I argue that we can examine how adolescents’ goals, values, and beliefs associated with writing inform the strategic behaviors they engage. The setting for this study was a university-based literacy clinic where Louis, a high-school freshman, was assigned to me, a former English teacher, for writing support. I drew from discursive identity and writing process theories to frame my instructional intervention. During the three-week session, I guided Louis to write an editorial he submitted to a news outlet. Instruction focused on strategies to separate the processes of planning, drafting, and reviewing. Analysis revealed Louis’ shifting perspective from the writing process as systematic to more exploratory. This study supports framing student literate profiles in terms of both their discursive identities and cognitive processes.

محاضرة حول الدستور الذي نريد؛ضمن ورشة المبادئ الدستورية المنعقدة بالشراكة ما بين مركز (The Constitution we desire? ( Public Lecture))

Arabic Abstract: من أبرز العبارات التي كانت تتردد حينما يذكر الأساسي الفلسطيني– الوثيقة الدستورية المؤقتة المستخدمة من قبل السلطة الوطنية الفلسطينية- قولهم: القانون الأساسي لا يستطيع أن يطبق حتى على الحبر الذي كتب فيه. للأسف هذه العبارة تدل على مدى هشاشة هذا القانون، ولكن ربما لا يكون هذا هو الإشكالية الوحيدة؛ ففي أيلول عام 2016 تم الانتهاء من كتابة مسودة الدستور، وهو دستور مؤقت، لكن الخطورة تكمن فيما إذا كان الدستور المكتوب سيعيد إشكاليات الأساسي نفسها، من حيث الأسس المفترض النظر لها عند كتابة الدستور؛ هل هذا الدستور ديموقراطي؟ وهل هو حساس للنوع الاجتماعي؟ وهل هو ملك للشعب؟ فالأسس التي يفترض تواجدها في الدستور حتى يعد حساسا للنوع الاجتماعي تتمثل في: اللغة المستخدمة، مواءمة الاتفاقيات الدولية للنصوص الدستورية والقوانين الأدنى، و المشاركة المتكاملة من خلال نصوص الدستور. و حتى يحقق الدستور الهدف المرجو من كتابته؛ لا بد من التفكير في مرحلة ما بعد الدستور (آلية تنفيذه)، والتي تتمثل في دور المحاكم الدستورية والنهج التفسيري المتبع فيها، والذي يلعب دورا أساسيا في تأكيد أهمية مراعاة النوع الاجتماعي في هذه العملية. حتى نستطيع الإجابة على تساؤلاتنا حول مدى ملاءمة مسودة دستور الدولة الفلسطينية التي نسعى جميعا للوصول لها والتي نأمل أن تكون مبنية على أسس ديموقراطية، سيتم تقسيم هذه المحاضرة إلى أربعة محاور: أولا- سيتم طرح مفهوم الدساتير، ثانيا- سيتم مناقشة الصياغة الدستورية نظريا مع التركيز على دور السلطة التأسيسة الأصلية في عملية الصياغة، ثالثا- من خلال شرح المفاهيم السابقة سيتم الحديث عن دور النساء في صياغة الدساتير من حيث آلية، ومشاركة المرأة، ومكانة الاتفاقيات الدولية ولغة الدستور المستخدمة في الصياغة، رابعا- هذا النقاش النظري سيتم اسقاطه على الوضع الفلسطيني المتعلق بمسودة (2016) لمراجعة ما إذا كانت هذه المسودة حساسة للنوع الاجتماعي أم لا. English Abstract: In recent years, the topic of women and constitution, historically untouched and ignored in Palestine, has been highlighted much recently by civil society organizations, largely via a successful constitutional awareness campaign. These organizations, as well as the Centre for Constitutional Studies, are investigating how to help women’s groups achieve their main goal of obtaining a seat at the decision-making table at the next stage of the constitution-making in Palestine. Throughout several meetings starting in September 2018, I caught a glimpse into the struggles and triumphs of the women who are advocating for an engendered constitution. In my conversations with these women, the most moving aspect of their work was their continued insistence that having engendered articles in the constitution is not enough, but that the newly established constitutional court also uses a method of interpretation that is gender sensitive. In order to understand what kind of engendered constitution is required and how to achieve it. This Lecture is divided into four sections. First, the lecture will begin by exploring the concept of a constitution. Second, the Lecture discusses the constitutional drafting process from a theoretical point of view. Third, with the context now established, the paper then explores how a constitution can become inclusive of women and gender sensitive. Finally, this theoretical discussion is applied to the Palestinian case study, exploring the extent that its new constitutional draft (of 2016) is engendered.

Technical recommendations for clinical translation of renal MRI: a consensus project of the Cooperation in Science and Technology Action PARENCHIMA

PurposeThe potential of renal MRI biomarkers has been increasingly recognised, but clinical translation requires more standardisation. The PARENCHIMA consensus project aims to develop and apply a process for generating technical recommendations on renal MRI.MethodsA task force was formed in July 2018 focused on five methods. A draft process for attaining consensus was distributed publicly for consultation and finalised at an open meeting (Prague, October 2018). Four expert panels completed surveys between October 2018 and March 2019, discussed results and refined the surveys at a face-to-face meeting (Aarhus, March 2019) and completed a second round (May 2019).ResultsA seven-stage process was defined: (1) formation of expert panels; (2) definition of the context of use; (3) literature review; (4) collection and comparison of MRI protocols; (5) consensus generation by an approximate Delphi method; (6) reporting of results in vendor-neutral and vendor-specific terms; (7) ongoing review and updating. Application of the process resulted in 166 consensus statements.ConclusionThe process generated meaningful technical recommendations across very different MRI methods, while allowing for improvement and refinement as open issues are resolved. The results are likely to be widely supported by the renal MRI community and thereby promote more harmonisation.

Конституционные реформы в цифровую эпоху: опыт Исландии

Digital era creates new opportunities for citizens for participation in political and legal decision-making process at various levels. Currently, the practice of involving citizens in drafting of laws and even constituent acts is spreading in foreign countries. The draft of the Constitution of Iceland of 2011 was adopted by the Constitutional Council, which included ordinary citizens, not representatives of the political elite. By the use of social media and the official website, the Council was able to establish direct contacts with the population and promptly respond to suggestions and comments of citizens. Not only citizens, but also foreigners could submit their proposals on issues which should be reflected in the text of the Constitution, comments on the wording of certain articles and participate in the stress test of the constitutional draft. This approach has legitimized the process of the Constitution drafting and created a sense of ownership among those who participated in the discussion. Although this draft has not become the Constitution because of the lack of the Parliament’s support, the Iceland’s experience may be interesting as a new approach to drafting laws in the digital era. The Icelandic experience was considered unprecedented and revolutionary. It showed that the process of Constitution drafting could be more open and democratic without incur-ring significant financial costs.

The 1984 Cartagena Declaration: A Critical Review of Some Aspects of Its Emergence and Relevance

Abstract This article revisits some aspects of the emergence and relevance of the 1984 Cartagena Declaration on Refugees. After addressing the conceptual framework by proposing a definition of asylum regime and explaining which asylum sub-regimes exist at the regional level in Latin America, the article reviews the ideological nature of the historical set of facts that led to the adoption of the 1984 Cartagena Declaration. It then explains why was there a need for a change of regime in Central America, details both the drafting process that culminated in the 1984 Cartagena Declaration refugee definition and UNHCR’s role in it, and undertakes a critical analysis of the potential relevance of the Cartagena Declaration. The article’s general conclusion is that the 1984 Cartagena Declaration’s practical, political, and legal relevance is obsolescent and that its legacy is most likely to be found both in the broad refugee definitions that are captured in most of the region’s domestic legislations, and in the advocacy model which uses ad hoc and sui generis UNHCR-led events to advance conceptual frameworks for refugee protection policy.

How pressure from stakeholders affects integrated reporting quality

AbstractIntegrated reporting (IR) is considered an innovative and effective reporting tool that includes financial and nonfinancial information. Recently, there has been a heightened emphasis on IR from both academic and professional viewpoints. However, despite the importance of stakeholders in the practice of IR, their impact on the report drafting process has not been analysed in any study. Therefore, this study aims to fill this gap by analysing the relationship between stakeholders' pressure and IR quality. On the basis of the stakeholder theory, this study uses a regression model to demonstrate how the IR quality is significantly and positively associated with the stakeholders' pressures. Specifically, results of this study indicate that pressures from customers, environmental protection organizations, employees, shareholders, and governments determine the IR quality. To the best of our knowledge, this is the first study that investigates stakeholders' pressure as a determinant of IR quality.

Tradução e pesquisa: o uso de questionário bilíngue para o mapeamento da usabilidade e preferência de janelas de Libras na comunidade surda

Este artigo apresenta o processo de elaboração, tradução e validação de um questionário bilíngue para avaliação da usabilidade das janelas de Libras por surdos no contexto brasileiro. O questionário foi elaborado e traduzido em equipe, considerando aspectos tradutórios e técnicos de edição audiovisual, e adotou, como base teórico-metodológica, concepções advindas da perspectiva bakhtiniana e suas contribuições para o estudo da verbo-visualidade e da tradução e interpretação intermodal. Após elaborado, o questionário foi submetido à validação de surdos falantes de Libras, e a versão final teve circulação nacional nas redes sociais, e-mails e grupos virtuais com ampla participação de surdos.

Preparation and properties of melt‐spun poly(fluorinated ethylene‐propylene)/graphene composite fibers

AbstractThe matrix of poly(fluorinated ethylene‐propylene) (FEP) was modified with graphene (GE) as filler, and then the composite fibers were prepared by melt spinning method with a twin‐screw extruder. The effects of both the draw ratio and GE content on the structures and properties of FEP/GE composite fibers were investigated. The results showed that the addition of nanoparticles reduced the crystallization of molecular chains and the orientation of crystalline units in the fibers, while the drafting and heat setting process could effectively improve the crystallinity and orientation of composite fibers. Moreover, the addition of GE improved the mechanical properties of the composite fibers and had no effect on the chemical resistance of the composite fibers. A significant enhancement of mechanical properties of the composite fibers was obtained at low GE content, that, a 35.5% improvement of tensile strength and a 19.5% increase of Young's modulus were achieved at a GE content of only 0.3 wt%. Compared with pure FEP fibers, the oil affinity of composite fibers was also significantly improved. The prepared FEP/GE composite fibers that showed excellent chemical resistance have potential application in oil‐water separation, especially in high temperature resistant fibrous materials.

KITĀBU AL-‘AIN: METODE PENGGUNAAN DAN PENGARUHNYA DALAM PERKEMBANGAN KOSAKATA BAHASA ARAB

The development of language in a group or community is influenced by the systematic changes in daily interaction and communication. Dictionaries become a documentation of language development through syntactic and morphological aspects and then recorded. Kitab al-‘ain written and compiled by Syaikh Khalil has provided a treasure of Arabic vocabulary which is certainly very useful for those who are observers of Arabic and studying it. The formation and alteration of Arabic vocabulary always begins with phonetic aspects which are then documented in the form of writings that are recorded. Therefore, the dictionary as the end result of the lecsycographic work is to gather all the vocabulary in a language and make the dictionary as the container of a set of vocabulary that has a cultural background that serves to accommodate the concepts of Culture of the speaking community. The morphological process of Arabic vocabulary in the dictionary aims to bind utterances which often are not maintained by the formation process so that with the emergence of an Arabic dictionary the order of language is good and correct will always be realized and maintained. Lexicology became the pioneer of the study in the lexicography. It is part of a language study that focuses the research of vocabulary and its meaning as well as its relevance with the dictionary drafting process.

Starting from a blank page? Semantic similarity in central bank communication and market volatility

Central banks often draft press releases announcing monetary policy decisions starting from the previous release. This makes it straightforward to see how the content has evolved, but may make substantial updates harder to interpret, as markets learn to expect only minor updates. Using variation in the drafting process at the Bank of Canada, this paper finds that similar press releases reduce market volatility, whereas volatility rises when substantial changes occur after sequences of similar statements. A comparison over time and across central banks shows that market sensitivity to similarity adjusts to the drafting practice of central banks.

The Egyptian political system (A comparative study between the constitutional 2012-2014)

The research have focused on the ramifications of the" 25 January revolution" on the Egyptian constitution and how the masses in which participated in the revolution aimed a rapid democratic transition through the writing of a new constitution in order to be inevitable document leading to their salvation from authoritarianism and false constitutions that had become outmoded.
 Although the Egyptian constitutional experience, From the wording perspective, have many positive aspects; but the process of drafting is requiring consensus about constitution, basically agree on the basic philosophy in which the Constitution is based on, or the purpose of drafting the Constitution itself, at the same time, the goal is absent from the Egyptian experience. Also, the political factions that carried the banner of change after the" 25 January revolution" was not able to answer the following question: What is the purpose of drafting a new constitution to replacing "the 1971 Constitution"?. This situations led to the intensification of division and conflict among factions, in addition, excluded the most important political faction.

The Tallinn Manuals and the Making of the International Law on Cyber Operations

The Tallinn Manuals (the Manuals) attempted to clarify how to apply existing international law to cyber operations. Though the Manuals are non-binding instruments, the Group of International Experts claimed that they reflected the lex lata applicable to cyber operations. However, this claim is questionable due to the dominating role of a few Western states in the drafting process and the linked neglect of the practice of “affected states” in cyber operations. This article examines the quality of the Manuals’ drafting process and the composition and impartiality of the experts involved. It focuses on the issue of the prohibition of the use of force. The aim of this examination is not to discuss whether the Manuals provided the right answer to the question of how international law applies to cyber operations. Rather, they function as a case study of how legal scholarship may affect the making of international law. The article concludes that certain rules in the Manuals are marked by NATO influence and overlook the practice of other states engaged in cyber operations. Therefore, the Manuals disregard the generality of state practice, which should be the decisive factor in the formation of customary international law. As far as “political activism” may be involved, the article argues that the role of legal scholars as assistants to the cognition of international law could be compromised.

Legal Drafting in the Ottoman Period

Ottoman Turkey is a country based on Islamic Shari'a in which all cases that will decide must refer to Islamic shari'a. The door of Ijtihad has been closed for a long time, thus opening the opportunity for the authorities to issue legal decisions after being investigated by scholars. The design process is complicated because the books of fiqh do not instantly explain the laws required. The legal drafting process in principle based on the Qur'an and al-Hadith which are manifested by the mufti or Syaik al-Islam after being proposed by the sultan through the prime minister. After obtaining syaikh al-Islam's approval, the law or law is deemed legitimate. With a qualitative approach, the author conducted a literature study and analyzed the data collected and interpreted legal drafting during the Ottoman period. The decline of the Ottoman Empire in various fields has led to renewal including reforms in the areas of legislation, law, and justice which demanded legal codification in the form of majallah Al-Ahkam Al-Adliyah. This Majallah contains the law mu'amalah, which leads to ahwal As-syakhsiyah and serves to maintain Islamic law, which almost eliminated due to secularity that occurred.

Refining Maritime Boundary Delimitation Methodology: The Search for Predictability and Certainty

For decades, the maritime boundary delimitation methodology remains uncertain and confusing. This is as a result of the sole reliance on equitable principles, total disregard of the equidistance method in the North Sea Continental Shelf cases and vague provisions of United Nations Convention on the Law of the Sea (UNCLOS) 1982 in particular on the delimitation of the exclusive economic zone and the continental shelf. The main objective of the present article is to investigate how the delimitation methodology could be refined to be more predictable and certain through the flexible interpretation of the conventional law by the decisions of international courts and tribunals. The article first of all traces the codification history of the UNCLOS 1982 in order to ascertain the view of States expressed during the drafting process, which reflected the bitter rivalry between the two camps of equidistance and equitable principles. The article then makes a painstaking analysis of the decisions of international courts and tribunals since 1990s to the most recent one and finds that the equidistance principle has been reinstated as a basic methodology in maritime boundary delimitation, supplemented by relevant circumstances, in order to achieve an equitable solution. The article concludes that the search for predictability and certainty in maritime boundary delimitation has, to some extent, been achieved in the form of the recent three-stage approach, although there are still grey areas where significant uncertainty remains.