Drafting Process Research Articles

"Es gibt nichts Gutes, außer man tut es" - Arbeit an der Verständlichkeit von Gesetzestexten in der Schweizerischen Bundeskanzlei

In recent years, some attempts have been made to establish guidelines for the drafting of statutory texts. None of these, however, have been very successful. Still, the need for such guidelines is felt. Over the last 25 years, the language sections of the Swiss Federal Chancellery (Sprachendienste der Schweizerischen Bundeskanzlei) have worked with optimising statutory texts. The article presents some of the principles, on which the work of the language sections is based, and underlines the importance of creating necessary institutional structures for optimising such texts. For optimisation can only be successful if language specialists are seriously involved in the whole drafting process.

The Paradox of the Legislative Drafting Process in Tanzania

The Paradox of the Legislative Drafting Process in Tanzania

Property Rights and Sustainable Development in India

Recently, India has witnessed unprecedented economic growth due in large part to an influx of foreign investment capital. But this growth has come with related setbacks. With India’s transition from an agricultural to an industrial economy, many farmlands have been acquired without proper planning or rehabilitation for people displaced by the land acquisition. The present discussion addresses these issues, which have been ignored by the State in its process of drafting and implementing land acquisition related policies and legislation. While this framework is developed in the context of recent land acquisition in India, it is relevant to and engages with broader debates surrounding development, environmental regulations, and the paternalism of the Indian polity. This article analyzes the role of the Indian government in relation to the right to property. Pursuant to an amendment to the Indian Constitution, an individual’s right to property is not a fundamental right, allowing the state considerable leeway to act in this sphere. However, recent land acquisitions in India for various developmental projects have established an inherent correlation between land acquisition and concepts such as sustainable development and environmental impact assessment (EIA). These ideas provide a counterbalance to state power in the land acquisition process, undermining the myth of an unfettered state able to acquire land unchecked by the Constitution. This article also analyzes the significance of key phrases such as “public purpose” and how they function as justification for the exercise of eminent domain.

The Paradox of the Legislative Drafting Process in Tanzania

Abstract This article provides a critical analysis of the procedure for drafting laws provided for under the legal framework of Tanzania. It is premised on the general perception that the law making function in Tanzania, like other jurisdictions in the Commonwealth, is vested in Parliament, through the doctrine of supremacy of Parliament. The analysis focuses on the Standing Orders of the Parliament of the United Republic. The Orders provide for the main legal regulatory regime governing the conduct of business in the august House, including the drafting of legislation. In the process, the article brings to the fore other salient features of the provisions of the Standing Orders, previously unknown to many. The article’s focus is on Tanzania Mainland. It does not address the legislative drafting process in Zanzibar, the other part of the Union. Under the framework of Constitution of the United Republic of Tanzania of 1977, Zanzibar has a separate and distinct regime governing legislative drafting. The main conclusions drawn from the analysis point out that contrary to popular belief, in practice, the overall framework law governing the legislative drafting process and its underlying policy vests the power of law making almost entirely in the Executive and not the Parliament.

The Irish Reform Act of 1868

From the Act of Union until 1884, the Irish electoral franchise was different from that in England or Scotland. The history of its reform also followed a different calendar: 1829, 1832, 1850, and 1868 were the waypoints on the path to homogenisation with the rest of the United Kingdom. But the Irish Reform Act of 1868 has received little attention, and is usually dismissed as a minor technical alteration of minimal political or social importance. When set against the changes in England the year before, this is true. But it is worthy of study, and this essay is the first to examine the 1860s campaign for Irish reform, its relationship to events in Britain, the expectations for the act, its various drafts, and its political consequences. It traces the short‐lived alliance between the Catholic Church, the Irish Liberal Party and often secular working‐class radicals in both Ireland and England, as well as the parallel, but quite distinct, campaign for reform on the part of working‐class northern protestants, many associated with the Orange Order. Although political circumstance resulted in the abandonment of most of the projected reforms, the drafting process and accompanying debates reveal important aspects of Irish political realities and expectations, as well as the limits of parliamentary interest in Ireland. Even in its abbreviated form, the act had a significant impact on Irish politics, substantially increasing the borough electorate across the island and dramatically so in Ulster.

Development of regional strategies in Russia: the case of Sverdlovsk region

The article discusses the recent renewal of the ‘Strategy for Socio-Economic Development of Sverdlovsk Region until 2030’ and its ‘Action Plan’. Both of these documents were brought into compliance with the Federal Law № 172-ФЗ ‘On Strategic Planning in the Russian Federation’. In the region’s strategic planning it was the first time that the communicative approach was applied. Drafting the strategic documents necessitated setting priorities in the long-term development of the region. The article describes the methodology for designing the region’s strategic documentation and the drafting process and provides schemes of strategic planning realized in Sverdlovsk region. The article outlines the key provisions of the ‘Strategy of Socio-Economic Development of Sverdlovsk Region for the Period Between 2016 and 2030’ and the ‘Action Plan for Implementation of the Strategy’. Drawing from the experience of Sverdlovsk region, recommendations are given on optimization of strategic planning on regional and municipal levels.

Starting from a Blank Page? Semantic Similarity in Central Bank Communication and Market Volatility

Press releases announcing and explaining monetary policy decisions play a critical role in the communication strategy of central banks. Due to their market-moving potential, it is particularly important how they are drafted. Often, central banks start from the previous statement, and update the earlier text at the margin. This makes it straightforward to compare statements and see how the central bank’s thinking has evolved; however, more substantial changes, which will eventually be required, might then be harder to understand. Using variation in the drafting process at the Bank of Canada, this paper studies the extent to which similarity in central bank statements matters for the reception of their content in financial markets. It shows that similar press releases generate less market volatility, but that more substantial textual changes after a sequence of very similar statements lead to much larger volatility.

Izrada pravnih propisa u Hrvatskoj

This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

РЕАЛИЗАЦИЯ МЯГКОГО ПРАВА В КОНТЕКСТЕ «ПРИНЦИПОВ, КАСАЮЩИХСЯ ИСПОЛЬЗОВАНИЯ ЯДЕРНЫХ ИСТОЧНИКОВ ЭНЕРГИИ В КОСМИЧЕСКОМ ПРОСТРАНСТВЕ»: ПРАКТИКА РОССИЙСКОЙ ФЕДЕРАЦИИ, США И ГОСУДАРСТВ ЕВРОПЕЙСКОГО СОЮЗА

Nowadays one of the most significant discussions in the international public law relates to the concept and the role of “soft law”. Some researchers assert the point of view of existence of such law, others consider that it is a new source of public international law However, different approaches don’t exclude the basic char-acteristics of soft law that is a non-binding nature and a streamlines process of drafting. Because of this situation, Member-States of public international organizations tend to use soft law as a pragmatic way of organizing interactions among sovereign states the in case of difficulties to pass unified international treaty. This article argues that similar practices also exist in international space law. Since the entry in force of the Moon Agreement in 1979, the Member States of UN COPUOS have not passed any additional international space treaties. Instead, they have found a solution for new chal-lenges: drafting and accepting soft law acts like UN General Assembly Resolutions (hereinafter GA Resolutions) and others. While GA Resolutions are not legally binding, States can transform them into national legislations and doing so they will have to be responsible for certain space activities which have not been regulated internationally yet. The purpose of this article is to provide an overview on the establishment of soft law as a new source of international space law by analyzing and comparing state practice in Russia, the USA and in several Member States of the European Union (EU). The emphasis will be made on the transformation of provisions of the UN General Assembly Resolution “Principles Relevant to the Use of Nuclear Pow-er Sources in Outer Space” (hereinafter the NPS Principles) as nuclear power sources in outer space should be based on a thorough safety assessment. The article starts by a short overview of the concept of “soft law” and the resolutions produced by UN COPUOS. Then it will go on to the main three parts besides conclusion. The first chapter gives a brief overview of the drafting history of the NPS Principles and the second deals with activities of UN COPUOS and IAEA on the matter of nuclear power sources use in outer space. The last chapter pre-sents several case studies focusing on the following questions which provisions of NPS Principles have been implemented into national legislative system, what is the novel and what are the differences among the various national law instruments in these countries.

Annual Bibliography of Philip Roth Criticism and Resources—2016

Annual Bibliography of Philip Roth Criticism and Resources—2016 Mike Witcombe (bio) What follows is a bibliography of Philip Roth-related texts published during 2016, including critical works (books, book chapters, journal essays, and special journal issues). All entries will reflect the format as defined in the eighth edition of the MLA Handbook (2016). All sources are arranged in alphabetical order according to the author's last name. Individual essays included in edited collections are grouped in "Book Chapters" and are cross-listed according to MLA style. Digital book editions, such as those designed for Amazon's Kindle and Barnes and Noble's Nook readers, are not included in this listing. Given the recent growth in e-book technology, digital versions of Roth's texts are becoming standard practice. This being the case, none of these e-book versions are included in this bibliography. Readers and researchers can easily visit online booksellers to find digital editions. Mike Witcombe Mike Witcombe is Lecturer in English Literature at Bath Spa University, where he researches contemporary Jewish-American fiction. He is currently co-editing an essay collection for the Open Library of the Humanities titled "New Voices in Jewish-American Fiction," and has additional research interests in baseball fiction, videogames, and the history of psychoanalysis. His article on Roth's drafting process for the Kepesh novels was published in Philip Roth Studies 13.1 (Spring 2017). BOOKS McDonald, Paul and Samantha Roden. Philip Roth Through the Lens of Kepesh. Humanities-Ebooks, 2016. Google Scholar EDITED COLLECTIONS AND SPECIAL ISSUES Gooblar, David and Aimee Pozorski, editors. Roth After Eighty: Philip Roth and the American Literary Imagination, Lexington Books, 2016. Google Scholar EDITED COLLECTIONS AND SPECIAL ISSUES Gooblar, David and Aimee Pozorski, editors. Roth After Eighty: Philip Roth and the American Literary Imagination, Lexington Books, 2016. Google Scholar BOOK CHAPTERS Brauner, David. "Performance Anxiety: Impotence, Queerness, and the 'Drama of Self-Disgust' in Philip Roth's The Professor of Desire and The Humbling." Gooblar and Pozorski, pp. 61-78. Google Scholar Brühwiler, Claudia Franziska. "'A Human Being Lives Here': Philip Roth on Scandals and the American Presidency." Gooblar and Pozorski, pp. 29–42. Google Scholar Calder, Alex. "'I told my wrath, my Roth did grow': Anger in Operation Shylock." Gooblar and Pozorski, pp. 95–108. [End Page 133] Google Scholar Coughlan, David. "Exit Ghost Writer: Philip Roth." Ghost Writing in Contemporary American Fiction, Palgrave Macmillan, 2016, pp. 97–114. Google Scholar Douglas, Christopher. "Recapitulation and Religious Indifference in The Plot Against America." If God Meant to Interfere: American Literature and the Rise of the Christian Right, Cornell UP, 2016, pp. 117–50. Google Scholar Gelbart, Amy. "'[Sticking] to a plan completely": Performance, Affective Adaptation, Memory, Pretend Play, and Suicide in Philip Roth's The Humbling." Gooblar and Pozorski, pp. 149–66. Google Scholar George, Joseph. "Assimilation and Appropriation: Contest and Collaboration in Global Suburbia." Postmodern Suburban Spaces: Philosophy, Ethics, and Community in Post-War American Fiction, Palgrave Macmillan, 2016, pp. 163–80. Google Scholar Guillain, Aurélie. "Stalkers, Furies and Comforters: Roth's Grave Comedy of Persecution." Gooblar and Pozorski, pp. 79–94. Google Scholar Hayes, Patrick. "'With an accomplice no less brilliant than Jean Genet': A Comparative Approach to Roth's Autofiction." Gooblar and Pozorski, pp. 43–60. Google Scholar Mack, Michael. "Ageing and Modern Jewish Writing and Thought." The Palgrave Handbook of the Philosophy of Aging, edited by Geoffrey Scarre, Palgrave Macmillan, 2016, pp. 149–67. Google Scholar Morley, Catherine. "'My Kinsmen, My Precursors': Philip Roth, Epic, Influence, and Bardic Proclivities." Gooblar and Pozorski, pp. 109–26. Google Scholar Nadel, Ira. "Roth @ 25: Publishing Goodbye, Columbus." Gooblar and Pozorski, pp. 19–28. Google Scholar Newton, Adam Zachary. "'I was the prosthesis': Roth and Late Style." Gooblar and Pozorski pp. 127–48. Google Scholar Parks, Tim. "Philip Roth." Life and Work: Writers, Readers, and the Conversations Between Them. Yale UP, 2016. yale.universitypressscholarship.com/view/10.12987/yale/9780300215366.001.0001/upso-9780300215366-chapter-009 Google Scholar Pozorski, Aimee. "Introduction—After Eighty: Philip Roth and the American Literary Imagination." Gooblar and Pozorski, pp. xiii-xxii. Google Scholar Shechner, Mark. "Newark: The Shtetl." Gooblar and Pozorski, pp. 167–80. Google Scholar Shostak, Debra. "'Every...

Discrimination against Women Workers in Japan

This paper discusses discrimination against women workers in Japan. Japan ratified the UN Convention on the Elimination of All Forms of Discrimination against Women in 1985. In April 1986, the Equal Employment Opportunity Act (EEOA), a law which stipulates equal treatment of women workers with men, became effective. The law was a major condition which enabled the Japanese government to ratify the UN Convention. More than thirty years have passed since then; however, Japanese women workers continue to face serious discrimination in the workplaces. To examine the causes of gender-based discrimination, I will first review the laws concerning women workers before 1985 and the drafting process of the EEOA. Second, I will illustrate how the EEOA influenced society and how employers have coped with the new law. Third, I will review the governmental campaigns and programs after 2008, a year that the Global Financial Crisis took place, to discuss whether they have effectively reduced discrimination against women workers. Finally, I will discuss a possible solution of discrimination against Japanese women workers.

Kedudukan Kompilasi Hukum Islam Dalam Tata Urutan Perundang-Undangan Di Indonesia

The Compilation of Islamic Law of Indonesia contains Islamic rules according to the conditions of Indonesian Muslims. The Compilation was formulated, among other things, by adopting an eclectic approach towards sunni schools of Islamic law (Madzahib al-Fiqh) and legal opinions (fatwa) of Indonesian Islamic scholars (ulama). It is now used by the judges in the religious courts as the substantive law in adjudicating Islamic family law cases: marriage, inheritance, and Islamic trust (waqf). Despite its deliberate drafting process, the Compilation is problematic to be a positive law in Indonesia especially after the enactment of Law No. 12 of 2011 concerning the establishment of statutes. This is because the Compilation was passed by means of the Presidential Instruction (or now decree) No. 1 of 1991. The format of Presidential Decree is not listed in the hierarchy of law in Indonesia either prior to or after the promulgation of Law No. 12 of 2011. This article aims to analyze the status of the Compilation as the positive law in Indonesia after the promulgation of Law No. 12 of 2011 and what measures can be taken by the government to elevate its status. It argues that the President can initiate to change the Compilation legal basis from Presidential Decree to Government Regulation in Lieu of Law. In following year, the Government Regulation in Lieu of Law can be passed as an Act. When it is an Act, the Compilation is officially effective and binding in Indonesia.

Manufacturing nanofibrous bundles and the roller drafting effects on the bundle properties

This research reports a new product form made of nanofibers and the method used to produce it. Nanofibers are electrospun into a web form on a moving collector and the web is continuously transformed into a bundle by passage through a condenser. Since the web is made of loops of nanofibers and peeled off from the collector surface, the condensed bundle deforms very easily and is too weak for further processing. Thus, the bundle is drafted through a roller drafting system to improve the fiber array in the bundle length direction in various levels of draft temperature, since the temperature may affect the bundle drafting process and thus the bundle properties. Using a newly designed system, we tried to produce nanofibrous bundle of polyvinylidiene difluoride. The nanofiber arrangement and the tensile properties of the bundle were measured before and after the roller drafting process under various conditions. Results showed that the technology suggested in this paper had the feasibility to manufacture a new product form composed of nanofibers, which implied the possible improvement of the productivity and product quality. Thickness reduction of the bundle occurring during the roller drafting straightened the nanofiber loops in the bundle and rearranged the nanofibers along the bundle axis. The drafting process was affected by the process temperature. Uni-axial tensile tests demonstrated that the bundle strength reached 4.8 cN/tex, and the strain at breakage was 0.087, when the draft ratio was 4.0 and the temperature 110 °C, whereas the raw nanofiber bundle in process had a strength of 0.014 cN/tex and the strain at breakage of 0.65. The thickness of the constituent nanofibers was not significantly affected by drafting.

Promoting Consistency in the Deep Seabed: Addressing Regulatory Dimensions in Designing the International Seabed Authority's Exploitation Code

On 14 July 2016, the International Seabed Authority (ISA) issued the ‘Working Draft Regulations and Standard Contract Terms on Exploitation for Mineral Resources in the Area’. Once finalized, this will form part of the Mining Code, which would govern all aspects of respective deep seabed mining activities. The development of this legal framework does not take place within a legal and conceptual vacuum but in a complex, contested and dynamically developing political and regulatory environment. Numerous rules exist for various mining activities, other uses of the deep seabed and with regard to the conservation of the marine environment. Consequently, the arduous task at hand is to promote consistency between the ISA's developing regime and the existing and emerging international law related to the deep seabed. In this article, we highlight four pertinent issues and two mechanisms which must be addressed and developed in the drafting process of the Exploitation Code to promote consistency. As reliance on the deep seabed increases, promoting consistency is a continuing process in which the ISA would invariably have to participate in and possibly even take charge.

LAW, RELIGION, AND HUMAN RIGHTS: SKEPTICAL RESPONSES IN THE EARLY TWENTY-FIRST CENTURY

Disputes over the nature, basis, and enforceability of human rights go back to early 1947, when the drafting of the Universal Declaration of Human Rights (UDHR) first began. Nor were the disputes limited to the drafting process. Intense arguments emerged among social scientists, philosophers, religious leaders, legal thinkers, and public figures around the world over the very idea of human rights, namely, the notion that human beings possess legally enforceable entitlements to certain protections and opportunities simply because of their common humanity.

Оптимізація графіка руху потяга для використання тризонного диференційованого тарифу оплати спожитої електроенергії

The algorithm of change the train schedule to achieve better economic effect of the electricity payment by railroad in accordance with differentiated three-zone tariff is developed. The algorithm takes into account the train movement time from the station of departure to arrival at the final station. The principle of its work is the maximum transfer schedule from peak tariff zones time with a minimal schedule shifting. In this case priority to transfer the train schedule is given to the time of night tariff zone. In order to ensure the universality of algorithm for specific cases, where the criteria, on which the algorithm is built, are not important to uniquely proposal of train schedule changing, use expert evaluation is offered. The algorithm can provide a rational offer of change the schedule of train, which traffic length does not exceed one day. The algorithm can be used for automation drafting process of train schedule.

Harmonization of Civil Procedure: Can the European Union Learn from Swiss Experiences?

Until 2011, civil justice in both Switzerland and the European Union (EU) was decentralized. In 2011, after 150 years of debate, Switzerland finally took the step to unification by the entry into force of its first federal Zivilprozessordnung, whereas in the EU it is still debated if, how and to what extent civil procedure could be subject to harmonization. This article analyses the debate leading up to harmonization of civil procedure in Switzerland, comparing the arguments to those brought forward in the EU debate, and examines the legislative strategy employed by the Swiss legislature. It shows that the Swiss harmonization was brought about by practically oriented arguments, and that this pragmatism also characterized the legislative drafting process. It is argued that a similar development is conceivable within the EU, but that the price may be a general decrease in the level and quality of civil justice.

Plural Institutionalism and the Integration of Specialist Expertise in the Chinese Renewable Energy Consultative Drafting Process

China’s renewable energy institutions are contributing to regulatory development, through the utilization of specialist expertise in the consultative drafting process. While the Chinese legislative system remains instrumentalist at the level of the unitary, centralized State, a significant degree of pluralism has developed in the specialized institutions supporting the legislative and executive branches of the government. Gu Xin’s formulation of plural institutionalism is used as a framework for the analysis of the increasingly sophisticated and diverse institutions and inter-relationships involved. Interviews conducted in these institutions explore such pluralist regulatory development, through case studies of consultative drafting processes and institutional synergies. China’s scale-up of renewable energy supports its environmental and climate change, energy security, and economic modernization objectives. This action reflects the Chinese government’s scientific development concept and explains the involvement in the renewable energy consultative drafting process of a broad range of institutions. The view that the integration of heterodox views into the legislative process can enhance the scientific validity of outcomes also supports China’s pluralistic institutional approach. Limits on pluralism include centralized decision making through the State planning process and regulatory requirements regarding the registration and supervision of institutions. Nonetheless, the participation of Chinese renewable energy institutions in the consultative drafting process reflects a continuing emphasis on the value of more independent institutions and on the utilization of specialist expertise in institutions under the National People’s Congress and State Council. Thus, plural institutionalism is a key feature of the consultative drafting processes that have been central to renewable energy-related regulatory development in China.

A Educação Física na BNCC: procedimentos, concepções e efeitos

http://dx.doi.org/10.5007/2175-8042.2016v28n48p188Na tentativa de atender às demandas sociais surgem políticas públicas que vislumbram orientar a construção de propostas curriculares para os sistemas e unidades educacionais. Dentre elas, destaca-se a construção de uma Base Nacional Curricular Comum, conduzida pelo Ministério de Educação em parceria com o Conselho Nacional de Secretários de Educação e a União dos Dirigentes Municipais de Educação. Como participantes do processo de elaboração das duas versões preliminares que vieram à baia do debate público, pretendemos contribuir com a reflexão acerca do componente Educação Física e registrar um olhar sobre os bastidores do processo. Assim, procuramos dar visibilidade aos procedimentos para elaboração do documento, às concepções que nortearam os trabalhos e aos efeitos que se espera causar.

Fabrication of ThN Using a Carbothermic Reduction to Nitridation Process

A carbothermic reduction to nitridation process was developed which is capable of producing high‐purity thorium mononitride (ThN) in bulk quantities. This was accomplished through study of three distinct processing routes using thermogravimetric analysis. The information gathered was then used to guide development of a draft process, which was tested within a tungsten production furnace. Scaling issues were identified and corrected following the draft process. Finally, a partitioned process was developed in response to the draft process which separates the reduction from the nitridation and carbon cleanup steps. This partitioned process was demonstrated to be capable of producing phase‐pure ThN, with oxygen and carbon impurities of 990 ± 130 wppm and 240 ± 30 wppm, respectively.