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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
  • Author: Jacques Singer-Emery
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: This is the third of a three-part essay series on the different paths the U.S. Congress might take to limit Washington’s support for the Saudi-led coalition in Yemen. Credible allegations of Saudi war crimes and human rights abuses in Yemen should trigger the FAA and Leahy Laws to prevent U.S. aid from reaching the Saudi-led coalition, as discussed in part 2 of this series. However, the U.S. Constitution forbids Congress from unilaterally issuing orders to any executive agency, including the Defense and State Departments. Accordingly, both the Foreign Assistance Control Act (FAA) and the Leahy laws place the onus on the executive to identify and respond to gross violations of human rights. Thus far, the executive has turned a blind eye to the Saudi coalition’s actions. Congress could independently find that Saudi Arabia has engaged in a “consistent pattern of gross violations of internationally recognized human rights” by commissioning its own investigations. But if the executive remains unconvinced, Congress only has two options to enforce the FAA and the Leahy laws: impeach the President, or obtain a court order requiring the executive withhold aid and arms pursuant to these laws. The first action is unlikely to occur here, but the second is a viable option. To secure a court order, Congress must show that the executive’s refusal to follow the FAA and the Leahy laws uniquely injures the legislative branch in a way that only the courts can remedy.
  • Topic: Government, International Law, Law, War Crimes, Weapons , Courts, Legislation
  • Political Geography: Yemen, Saudi Arabia, North America, United States of America, Gulf Nations
  • 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: Ophir Falk
  • Publication Date: 05-2019
  • Content Type: Journal Article
  • Journal: American Diplomacy
  • Institution: American Diplomacy
  • Abstract: Today, after years of modern terrorism and counterterrorism, the international community still does not agree on a single definition of terrorism. Despite the daily threats posed to many states, the definition conundrum prevents an agreed classification that could better facilitate the fight against terrorism and thwart the public legitimacy that most terrorist organizations seek. When a problem is accurately and acceptably defined, it should be easier to solve. Terrorism is an overly used term often heard in different discourses and contexts. It is used by the general public and in the course of academic, political, and legal debates, not to mention constantly referenced in the media. It may not be feasible to verse one universal definition for all discourses, but the term’s key criteria can and should be agreed upon.
  • Topic: International Law, Politics, Terrorism, Military Affairs, Violence, Hezbollah, White Supremacy
  • Political Geography: Middle East, Israel, North America, United States of America
  • Author: Ziad Al Achkar
  • Publication Date: 09-2018
  • Content Type: Journal Article
  • Journal: The Whitehead Journal of Diplomacy and International Relations
  • Institution: School of Diplomacy and International Relations, Seton Hall University
  • Abstract: The Arctic region has not traditionally been the focus of international politics and world economics; however, recently environmental scientists have flooded the news with the effects of global warming in the region concerning the significant melting ice caps, dramatic ecological degradation, and potential irreversible loss of many species. Climate change is manifesting around the world through floods, ecological degradation, and potentially driving violence and conflict; in the Arctic, all these risks are compounded. The nature of the Arctic pole means that what will happen in the region is guaranteed to have an impact elsewhere. While environmentalists have sounded the alarm about the risks to the environment in the region, there is an ever-growing security danger that faces the Arctic. With ice caps melting and retreating to unprecedented levels, the arctic seabed is now open for nations to explore its reported vast amount of natural resources. This article will identify issues that will shape the twenty-first century of the Arctic. The scope of the article is not meant to be exhaustive of the problems and challenges but offer a thematic overview of the problems. There are three broad categories covered in this article. First, an overview of the changing climate, its ecological and environmental impact, and the challenges of operating in the Arctic. Second, an overview of the economics and international law implications that are a result of climate change and of increased activity in the region. Third, the geopolitics of the Arctic region.
  • Topic: Climate Change, Environment, International Law, Treaties and Agreements
  • Political Geography: Russia, Canada, Norway, Denmark, Greenland, Arctic, United States of America
  • 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
  • Author: Monica M. Ruiz
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: There are often misunderstandings among member states in international organizations (IO) regarding the legal nature of certain acts. Issues of privileges and immunities based on the principle of functional necessity, both inherent and implied powers, and the principle of good faith under common law are continuously criticized and debated by both member states and IOs alike. For this reason, international legal order can be a process of continuous transition and constant evolution. This essay analyzes the development and changes of legal norms in the European Union’s (EU) Common Foreign and Security Policy (CFSP). On that basis, it will unfold by looking at the EU’s legal structure to create a solid framework for understanding the current challenges for common European defense policy in relation to Russia’s involvement in Ukraine. Although there have been substantial legal improvements introduced by the Treaty of Amsterdam (effective 1999) and by the Treaty of Nice (effective 2003) to help clarify the ambiguous nature of the CFSP, its objectives remain wide and abstract. This further precludes the EU from formulating a joint and coherent stance on issues related to defense...
  • Topic: Security, Defense Policy, International Law, International Organization, Treaties and Agreements
  • Political Geography: Russia, Ukraine, European Union