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  • Author: Şûle Anlar Güneş
  • Publication Date: 03-2020
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: Deep ocean floor called as Area is considered as Common Heritage of Mankind (CHM) and the mining activities are managed by International Seabed Authority (ISA). In this article, firstly, the significance of the CHM concept with respect to decolonised states and its impact on law of the sea is elaborated. Secondly, the mandate of ISA which assumed responsibility for the translation of the CHM concept into practice is examined. Every state can take part in mining activities in the Area as a ‘sponsor state’ but the lack of precision with respect to responsibility limits have a deterrent effect over the states that are disadvantaged technically and financially. Considering the negative impact of this issue over the CHM concept the Advisory Opinion of the International Tribunal for Law of the Sea that was given in 2011 is examined.
  • Topic: International Law, United Nations, Natural Resources, Law of the Sea, Maritime, Mining
  • Political Geography: Turkey, Middle East, Global Focus
  • Publication Date: 12-2019
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: Criminal justice response to terrorism and to the support for terrorism is still a hot topic in Turkey due to ongoing American military support for the PYD, which is Syrian wing of the internationally designated terrorist organization PKK whose indiscriminate attacks in Turkey has claimed lives of thousands of civilians. This article first discusses, in light of recent developments, whether exclusion of a separate crime of terrorism from the Rome Statute of the International Criminal Court can be a valid argument against Turkey’s accession to it. After discovering some of the possible contributions of Turkey’s Rome Statute accession to its decades-long struggle against terrorism, this study concludes that Turkey’s all other concerns regarding the accession should be periodically reevaluated.
  • Topic: International Law, Terrorism, International Criminal Court (ICC), Rome Statute
  • Political Geography: Turkey, Middle East, Mediterranean
  • Author: Aynur Demirli, Ali Murat Özdemir
  • Publication Date: 09-2019
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: Although the international law itself has changed over time, the definition of international law by the positivist discourse used as a means to understand it remains constant. From this paradigm, which conceptualizes itself historically rootless in one sense and detaches itself from its current periodic ties, it is very difficult to construct an explanatory narrative about the forms of international law. For this purpose the study firstly investigates the elements of the classical definition of international law in a socio-historical context. Secondly, it will propose a starting date and a periodicization style for the work area defined as international law. Lastly in this study the periodization of international law in its modern history will be evaluated.
  • Topic: Imperialism, International Law, Political Economy
  • Political Geography: Turkey, Global Focus
  • Author: Elvan Çokişler
  • Publication Date: 08-2019
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: This research deals with the historical development of the regime for protecting cultural properties during armed conflicts. The historical development is addressed in three sections: The first section explains the process from antiquity through the 18th century in light of the views that form the philosophical background of the regime. The second section discusses the initial tangible efforts which appeared in the 19th century with regard to the establishment of customary law, while the third section handles the 20th century endeavors in terms of the codification of the regime. The research has shown that, throughout history cultural property has been open for strategic use, efforts for protecting it accelerated particularly after great wars and codification efforts improved as a reaction to big damages stemming from changing nature of armed conflicts. These findings may be interpreted as indicating that today’s protection efforts are bound to be insufficient for the future strategic uses of cultural property that are unpredictable from today’s vantage point.
  • Topic: International Law, Treaties and Agreements, Culture, Conflict
  • Political Geography: Global Focus
  • Author: Mehmet Halil Mustafa Bektaş
  • Publication Date: 08-2019
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: A state rarely considers leaving an international organization when negotiating the conditions of its entry. Among such organizations is the United Nations (UN), an institution of obvious global importance. The issue of withdrawal, neglected though it often is (whether deliberately or unintentionally), could however be equally as significant as that of entry. By contrast with the Covenant of the League of Nations, the UN Charter makes no provision for withdrawal. The procedure to be followed should a state request to withdraw is therefore left uncertain. The current study therefore examines three primary instruments: the proposal of the Committee of the San Francisco Conference, the Indonesian example and the inclusion of the relevant provisions of the Vienna Convention on the Law of Treaties. The study aims to determine whether these instruments provide an explicit procedure for withdrawal from the UN. The current study contributes to the Turkish literature by providing insight into this largely ignored topic.
  • Topic: International Law, Treaties and Agreements, United Nations
  • Political Geography: Global Focus
  • Author: Tuğçe Kelleci, Marella Bodur Ün
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Uluslararasi Iliskiler
  • Institution: International Relations Council of Turkey (UİK-IRCT)
  • Abstract: Third World Approaches to International Law (TWAIL) points to the interactions between international law and colonial legacy and problematizes the concepts of humanitarian intervention and the Responsibility to Protect (R2P) within this framework. Humanitarian intervention is usually discussed in relation to its legitimacy in international law and the United Nations Security Council (UNSC) resolutions. TWAIL, however, analyzes those interventions that are constructed through discourses of human rights and democracy, highlighting the importance of issues other than legality and legitimacy. A historical reading of the Libyan case through the prism of TWAIL not only provides us with an opportunity to assess TWAIL’s assumptions in relation to international law, humanitarian intervention and R2P but also reveals how international law and R2P are used to legitimize interventions of the West into the Third World.
  • Topic: International Law, Humanitarian Intervention, Responsibility to Protect (R2P), UN Security Council
  • Political Geography: Libya, North Africa