Annual Review of Constitution-Building: 2020 

2021 ◽  
Author(s):  
Adem Abebe ◽  
Anna Dziedzic ◽  
Asanga Welikala ◽  
Erin C. Houlihan ◽  
Joelle Grogan ◽  
...  

International IDEA’s Annual Review of Constitution-Building Processes: 2020 provides a retrospective account of constitutional reform processes around the world and from a comparative perspective, and their implications for national and international politics. This eighth edition covers events in 2020 and includes chapters on the impact of the Covid-19 pandemic and emergency legal frameworks on constitutionalism and constitution-building worldwide; the impact of the pandemic on attempted executive aggrandizement in Central African Republic, Hungary and Sri Lanka; the impact of the pandemic on peace- and constitution-building processes in Libya, Syria and Yemen; gender equality in constitution-building and peace processes, with a particular focus on Chile and Zimbabwe; constitutional amendments to enhance the recognition of customary law in Samoa and Tonga; and the establishment, functioning and outputs of the French Citizens’ Convention for Climate. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.

2020 ◽  
Author(s):  
Adem Abebe ◽  
Sumit Bisarya ◽  
Elliot Bulmer ◽  
Erin Houlihan ◽  
Thibaut Noel

International IDEA’s Annual Review of Constitution-Building provides a retrospective account of constitutional transitions around the world, the issues that drive them, and their implications for national and international politics. This seventh edition covers events in 2019. Because this year marks the end of a decade, the first chapter summarizes a series of discussions International IDEA held with international experts and scholars throughout the year on the evolution of constitution-building over the past 10 years. The edition also includes chapters on challenges with sustaining constitutional pacts in Guinea and Zimbabwe; public participation in constitutional reform processes in The Gambia and Mongolia; constitutional change and subnational governance arrangements in Tobago and the Autonomous Region of Bangsamoro; the complexities of federal systems and negotiations on federal state structures in Myanmar and South Sudan; and the drawing (and redrawing) of the federal map in South Sudan and India. Writing at the mid-way point between the instant reactions of the blogosphere and academic analyses that follow several years later, the authors provide accounts of ongoing political transitions, the major constitutional issues they give rise to, and the implications of these processes for democracy, the rule of law and peace.


2020 ◽  
Vol 15 (6) ◽  
pp. 103-118
Author(s):  
O.A. SIDENKO ◽  
◽  
D.V. SOSUNOV ◽  

The purpose of the article is to reveal the contradictions of the Russian transitional constitutionalism of the 2020 model as perceived by experts. It is achieved by presenting a palette of experts' views on the phenomenon of constitutionalism, expert assessments of the impact of the 2020 constitutional reform on constitutional principles, the distance between citizens and authorities, as well as expert opinions on the existence of value consolidation between the state and civil society in modern Russia. It is extremely important that the constitutional amendments, contributing to adaptation to changing realities, remain within the framework of the system of constitutionalism. There is no relevant developed methodology for political and legal assessment in the Russian-language scientific literature. The research group, having resorted to an expert survey, proposed their own version. The results obtained indicate not only the importance of value connotations in the perception of constitutionalism by experts, the weakening of all groups of constitutional principles (negative assessments prevail over positive ones), the manipulative nature of the process, but also a potential increase in the distance between the governors and the governed. Nevertheless, the threshold values that could indicate the interpretation of constitutional novels by experts as leading to going beyond the framework of constitutionalism are not identified. Since the project is pilot and generalizations are based on expert estimates, the conclusions are debatable.


Author(s):  
Fanie du Toit

Reconciliation emphasizes relationships as a crucial ingredient of political transition; this book argues for the importance of such a relational focus in crafting sustainable political transitions. Section I focuses on South Africa’s transition to democracy—how Mandela and De Klerk persuaded skeptical constituencies to commit to political reconciliation, how this proposal gained momentum, and how well the transition resulted in the goal of an inclusive and fair society. In developing a coherent theory of reconciliation to address questions such as these, I explain political reconciliation from three angles and thereby build a concept of reconciliation that corresponds largely with the South African experience. In Section II, these questions lead the discussion beyond South Africa into some of the prominent theoretical approaches to reconciliation in recent times. I develop typologies for three different reconciliation theories: forgiveness, agonism, and social restoration. I conclude in Section III that relationships created through political reconciliation, between leaders as well as between ordinary citizens, are illuminated when understood as an expression of a comprehensive “interdependence” that precedes any formal peace processes between enemies. I argue that linking reconciliation with the acknowledgment of interdependence emphasizes that there is no real alternative to reconciliation if the motivation is the long-term well-being of one’s own community. Without ensuring the conditions in which an enemy can flourish, one’s own community is unlikely to prosper sustainably. This theoretical approach locates the deepest motivation for reconciliation in choosing mutual well-being above the one-sided fight for exclusive survival at the other’s cost.


2003 ◽  
Vol 36 (3) ◽  
pp. 165-189 ◽  
Author(s):  
Richard Johnstone

The present review refers to studies published in 2002 in leading research journals. It focuses in particular on learning, teaching and policy in respect of second, modern foreign or additional languages. The comments offered about particular studies are not intended to summarise them (for that, it is best to refer to the actual abstracts which the present journal publishes). What is on offer is a personal selection made because some aspect of a particular article seemed to be of particular interest or to reflect an important trend, and I have attempted to link such elements together to form a narrative. Compared with previous years, two important themes seemed to gather particular momentum in 2002: first, the role of ‘frequency’ in acquisition; and second, the impact of complex and contradictory global factors on everyday pedagogical practice, thinking and attitudes. As in previous years reference is made to the abstracts. Thus, Tarone (2002: 03-158) refers to an article by Tarone published in 2002 and reflected in the 2003 series of this journal as abstract 158. In previous years I have discussed ICT (information and communications technology) in a separate section of its own but this has now been integrated into other sections, reflecting a process of ‘normalisation’.


2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.


2021 ◽  
Vol 108 (Supplement_6) ◽  
Author(s):  
K Khan ◽  
G Torpiano ◽  
N Galbraith ◽  
M McLellan ◽  
A Lannigan

Abstract Aim The COVID-19 pandemic has caused significant disruption in surgical training. We aim to explore the preferences of higher general surgical trainees for Annual Review of Competency Progression (ARCP) also compare the responses across different training grades. Method All higher general surgical trainee in a single deanery were invited to participate in an online voluntary anonymous survey. The respondents were divided in two groups: junior (ST3-ST5) and senior higher surgical trainees (ST6-ST8) and responses compared. Results Sixty-four of 88 trainees responded. Thirty-three (51.6%) were ST3–ST5, 24 (37.5%) were ST6–ST8 and 7 (10.9%) were out-of-training. More trainees in ST3–ST5 group preferred to defer the next rotation for 12 months (18.2% vs 0%, p = 0.034), repeat current sub-specialty (33.3% vs 4.2%, p = 0.009), or add 12 months to training and delay predicted CCT date by 12 months (18.2% vs 0%, p = 0.034). Most trainees in both groups preferred the option of prolonging training should be offered to all trainees with an option to decline extension if ARCP competencies met (66.7% vs 50.0%, p = 0.276). Conclusions The preference for ARCP and length of training was different between two training groups, hence the need of trainees should be considered by training committees when addressing the impact of COVID-19.


2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.


Author(s):  
Lennart Fries

For many years, food engineers have attempted to describe physical phenomena such as heat and mass transfer in food via mathematical models. Still, the impact and benefits of computer-aided engineering are less established in food than in most other industries today. Complexity in the structure and composition of food matrices are largely responsible for this gap. During processing of food, its temperature, moisture, and structure can change continuously, along with its physical properties. We summarize the knowledge foundation, recent progress, and remaining limitations in modeling food particle systems in four relevant areas: flowability, size reduction, drying, and granulation and agglomeration. Our goal is to enable researchers in academia and industry dealing with food powders to identify approaches to address their challenges with adequate model systems or through structural and compositional simplifications. With advances in computer simulation capacity, detailed particle-scale models are now available for many applications. Here, we discuss aspects that require further attention, especially related to physics-based contact models for discrete-element models of food particle systems. Expected final online publication date for the Annual Review of Chemical and Biomolecular Engineering, Volume 12 is June 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


Author(s):  
I. Aytaç Kadioğlu

This book assesses the impact of political, non-violent resolution efforts in the Northern Irish and Turkish-Kurdish peace processes. It offers an important contribution to conflict-resolution research, theorising the various stages involved in the attempted resolution of asymmetric conflicts. By relying on primary sources, including interviews and recently declassified archival papers, it presents an innovative framework for conflict resolution, a starting-point for further research on managing peace processes and ethno-nationalist conflicts. This book challenges the notion of ‘conflict resolution’ in these two peace processes, both far-reaching ethno-nationalist conflicts in the post-Cold War era. Incorporating fieldwork carried out until 2015, the book compares these conflicts during major peace attempts, from early secret talks and semi-official peace initiatives, to multilateral and internationalised conflict-resolution processes through not only main armed protagonists, but also independent third parties. It analyses the political resolution efforts for ending the IRA and PKK’s armed campaigns and establishing a peace agreement. It argues that peace initiatives are ongoing processes which contain not only formal peace initiatives, but also informal and secret peace efforts. It suggests that formal and informal initiatives together embody conflict resolution processes through three major aspects: backchannel communications as the unofficial aspect, peace organisations as the informal and semi-official aspect, and negotiations as the official aspect of conflict resolution efforts, which operate at the elite level of conflict resolution.


2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Samuel Walker

The Department of Justice's pattern-or-practice police reform program has been an unprecedented event in American policing, intervening in local and state law enforcement agencies as never before and requiring a sweeping package of reforms. The program has reached reform settlements with forty agencies, including twenty with judicially enforced consent decrees. Academic research on the program, however, has been fairly modest. Social scientists have largely focused on a few selected issues. There is no study of the full impact of the program on one agency, and there is no comprehensive study of the impact of the program as a whole. Evaluations of individual agencies have been generally favorable, although with backsliding in some agencies. This review argues that the combination of several major goals and the various elements of specific consent decree reforms have created a web of accountability that is unmatched by any previous police reform effort. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


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