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2. The Role of International Seabed Authority with Respect to the Administration of Mineral Resources
- 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, and Mining
- Political Geography:
- Turkey, Middle East, and Global Focus
3. Periodisation of International Law: Positivist Discourse and Beyond
- Author:
- Aynur Demirli and 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, and Political Economy
- Political Geography:
- Turkey and Global Focus
4. The Regime for Protecting Cultural Property during Armed Conflicts: An Analysis of the Historical Development
- 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, and Conflict
- Political Geography:
- Global Focus
5. Scrutinizing Possible Procedures by which States Withdraw from the United Nations
- 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, and United Nations
- Political Geography:
- Global Focus