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  • Author: Markar Esayan
  • Publication Date: 02-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: On August 5th, 2013, an Istanbul court reached its verdict in the Ergenekon coup plot trial, handing down various prison sentences to 247 defendants, including the former Chief of Military Staff and several high-ranking members of the military's command. Although the Supreme Court of Appeals has yet to make a final decision on the 6-year legal battle, the Ergenekon trial has already become part of the country's history as a sign that anti-democratic forces, many of whom date back to the final years of the Ottoman Empire, no longer have free reign. Notwithstanding its limited scope and other shortcomings, the court's decision marks but a humble beginning for Turkey's acknowledgement of the dark chapters in its history, as well as a challenging struggle to replace the laws of rulers with the rule of law.
  • Topic: Government, Law
  • Political Geography: Turkey
  • Author: Aysegul Cimen
  • Publication Date: 04-2014
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Principles of Islamic International Criminal Law: A Comparative Search As one of the major components of the Islamic state, Islamic law has drawn considerable attention from different scholars both in the East and West. Particularly, comparative studies on the historical evolution of Islamic law and its application in modern legal systems are some of the major topics in the last two decades. Peters' Crime and Punishment in Islamic Law: Theory and Practice from Sixteenth to Twenty-First Century, Millers' Legislating Authority: Sin to Crime in the Ottoman Empire and Turkey, Hallaq's Shari'a: Theory, Practice, Transformations, and Naim's Islam and the Secular State: Negotiating the Future of Shari'a are some of the prominent books in the field.
  • Topic: International Relations, International Law, Islam, Law
  • Political Geography: Turkey
  • Author: Kemal Özden
  • Publication Date: 10-2010
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: In this book, the author focuses on Muslim people's social and legal situation and their legal attitudes from various points of view.
  • Topic: Politics, Law
  • Political Geography: Pakistan, United Kingdom, Turkey
  • Author: Taha Özhan
  • Publication Date: 07-2010
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Palestinians in Gaza have suffered under an illegal siege—first imposed by Israel in 2005 and strictly enforced since early 2009—which Amnesty International has called “a flagrant violation of international law.” Hundreds of civilians, the representatives from dozens of countries, attempted to deliver much-needed material to the Gazan people by the Gaza flotilla. The passengers on board—including elected officials, diplomats, media professionals, and other human rights workers—joined the flotilla as an act of civil disobedience and because they believe there is no decent justification for preventing shipments of humanitarian aid from reaching people in crisis. Israeli military launched a nighttime assault with heavily armed soldiers who shot and killed nine civilians and seriously injured dozens more. What happened to the flotilla is happening to the people of Gaza on a daily basis. It will not stop until international law is applied to all countries, Israel included.
  • Topic: Humanitarian Aid, Law
  • Political Geography: United States, Turkey, Israel, Palestine, Gaza
  • Author: Ali Göksu
  • Publication Date: 07-2010
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: Turkey is still highly dependent on foreign energy resources and the supply of electricity is still not sufficient to meet current demand. Therefore, attracting local and foreign investments is vital in order to ensure supply security and establish a competitive and transparent market in the future. In this respect, fundamental regulatory changes have been made in the Turkish electricity market, previously dominated by the state. However, Turkey still lacks a sufficiently attractive energy market for foreign and local investors. It is the duty of the Turkish government to render attractive energy market conditions and regulatory environment for investors. This article looks into the structure of the Turkish electricity market. Various issues under the current system which may facilitate or hinder investors will also be evaluated, along with recommendations to improve the current market conditions.
  • Topic: Law
  • Political Geography: Turkey
  • Author: Yusuf Şevki Hakyemez
  • Publication Date: 04-2008
  • Content Type: Journal Article
  • Journal: Insight Turkey
  • Institution: SETA Foundation for Political, Economic and Social Research
  • Abstract: This article discusses the limits of the freedom of political parties in Turkey. The political party bans constitute one of the most important problems threatening the freedom of political parties in Turkey. The restrictions on the political parties come to the fore in two different forms: dissolution after the military coups and closure by means of legislation. In the current context of the case opened against the AK Party, it may be possible and advisable to apply an amendment, bringing Turkish jurisprudence in such matters in line with the standards of the European community. It is concluded that the Constitutional Court should interpret cases of the dissolution of political parties in the context of the principles of "secularism" and the "unitary state" in such a way as to take into account the requirements of the principle of "the rule of law" and to allow different political alignments to express themselves in a "human rights respecting" and "democratic" country.
  • Topic: Democratization, Government, Human Rights, Politics, Law
  • Political Geography: Turkey