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Permanent URI for this collectionhttps://hdl.handle.net/20.500.14288/3
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Publication Metadata only International lawyers as hope mongers: how did we come to believe that democracy was here to stay?(BRILL, 2024) Aral, Işıl; Law SchoolIt is common these days to lament the recession of democracy around the world. The way scholars address the issue of democratic backsliding shows that there is a significant gap between the expectation about democracy's anticipated course of development and the current state of affairs. This article argues that the expectation that democracy would consolidate over time was produced by the progress narrative of democratic governance discourses. Drawing on narratology, it conducts a discourse analysis to demonstrate that today's dismay about the recession of democracy is due to an unwarranted expectation that was created by the progress narrative of democratic governance discourses. It focuses on the periodisation of history in the construction of these discourses and investigates how scholars used the Cold War - post-Cold War dichotomy to create a progress narrative.Publication Metadata only The rights of women in comparative constitutional law foreword(Routledge, 2023) Oder, Bertil Emrah; Law SchoolPublication Metadata only Political parties, elections, and pernicious polarization in the rise of illiberalism(Routledge, 2022) McCoy, Jennifer L.; Department of International Relations; Somer, Murat; Department of International Relations; College of Administrative Sciences and EconomicsPublication Metadata only The Turkish constitutional court and Turkey's democratic breakdown: Judicial politics under pressure(De Gruyter, 2024) ; Oder, Bertil Emrah; ; Law School;Under Turkey's democratic breakdown, the Turkish Constitutional Court offers a case study to identify the dynamics of judicial politics in electoral autocracies. Although the Court has been subject to criticism regarding its low commitment to the political pluralism and rights-based approach previously, the current situation presents itself differently. It is marked by a massive erosion in democratic qualities including an abuse of the judiciary against dissents in an unprecedented manner. Yet, the Court is still formally independent and empowered through constitutional norms such as the fixed tenure, retirement age, and jurisdiction in crucial matters. Since the institutional guarantees of the Constitutional Court are untouched, it has still the potential to become a major political player. Therefore, its study may also contribute to the comparative scholarship on the role of constitutional review under new pressures of the third wave autocratization that contraction and expansion dynamics of judiciaries can be better understood. The present study aims to feature the judicial politics of the Court under Turkey's current democratic regression by conceptualizing a resistance-deference paradox on the ground politically significant cases.Publication Metadata only The climate crisis and private companies: how to address the sustainability arbitrage problem(Springer Heidelberg, 2023) Veziroğlu, Cem; Kayıklık, Abdurrahman; Law SchoolIn the presence of pressing challenges related to climate change, there is a wide range of policy proposals concerning the green transition of companies. Although private companies-especially those in the energy sector-have a significant role in the climate crisis, current strategies focus mainly on public companies. Such a single-minded approach to policymaking could give rise to a phenomenon that we term sustainability arbitrage, whereby activities causing climate change gradually shift from public firms to private ones. This may, in turn, create a world where public firms look relatively green while their private rivals become the main driver of activities contributing to the climate crisis. In this paper, we focus on sustainability arbitrage, its manifestations and possible strategies to overcome this problem. We first discuss if the current sustainability-driven corporate governance mechanisms are effective in curbing the sustainability arbitrage problem. In order to prevent sustainability arbitrage, we argue for extending mandatory climate disclosure rules to private companies. We also analyze responsible divestment/phasing out of carbon-intensive assets by public companies as a complementary strategy.Publication Metadata only Interpretation of the scope of international commercial arbitration agreements: a comparison of Swiss and Turkish case law(Springer Heidelberg, 2024) Önay, Işık; Law SchoolDetermining the extent to which parties have agreed to submit their disputes to arbitration is a matter of contract interpretation. It is very rare that an international arbitration convention or national legislation on international arbitration provides specific rules pertaining to interpretation of the scope of arbitration agreements. Therefore, general rules of contract interpretation are usually used as a starting point to construe the scope of international commercial arbitration agreements. Developing specific principles for interpretation is left to courts and arbitral tribunals. This paper focuses on the practice of courts regarding this matter in two countries, i.e., Switzerland and Turkey. The paper firstly provides an overview of the general principles adopted by the courts in the two countries. Then case law in both countries is compared and contrasted with regard to selected scenarios frequently occurring in practice. The comparison of case law reveals how courts' differing approaches to arbitration can make a difference in practice, even where very similar rules are applied. The comparison confirms the reputation of Swiss courts for adopting a pro-arbitration approach. Turkish courts, on the other hand, seem to be more reluctant in construing the scope of international commercial arbitration agreements broadly. This paper argues that the current practice in Turkey does not reflect the legislator's intent and courts should change their practice and adopt a more liberal approach in line with contemporary trends in international commercial arbitration practice.Publication Metadata only Arbitrating business and human rights disputes(İstanbul Üniversitesi, 2020) Tarman, Zeynep Derya; Faculty Member; Law School; 177966Keeping the negative impacts of business activities on human rights and the weak position of the victims as well as other parties, the Hague Rules on Business and Human Rights Arbitration (Hague Rules) have recently been adopted with the description that international arbitration holds great promise as a method to be used to resolve human rights disputes involving business. While there are criticisms about the practicability and the usefulness of the Hague rules, with certain consideration for improvement, the Hague Rules can be an effective step towards achieving justice for victims of Business and Human Rights violations and abuses. This paper aims to present first the history of creation and analysis of the effectiveness of the Hague Rules, and second, to elaborate on why arbitration is a good option for Business and Human Rights disputes. After that, the paper will present the challenges related to the applicability of the rules followed by its future implications. / Ticari faaliyetlerin insan hakları üzerindeki olumsuz etkileri ve mağdurların zayıf konumu dikkate alınarak çok uluslu şirketlerin sebep olduğu insan hakları ihlallerinin tahkim yoluyla çözümü için yakın zamanda İş Dünyası ve İnsan Hakları Lahey Tahkim Kuralları (Lahey Kuralları) kabul edilmiştir. Söz konusu Lahey Kurallarının yararlılığı ve elverişliliği konusunda eleştiriler olmakla beraber Kurallar, çok uluslu şirketlerin sebep olduğu insan hakları ihlalleri mağdurlarına adalete erişim konusunda etkin bir yol sunabilir. Bu çalışmanın konusu, Lahey Kurallarının ortaya çıkma sürecini ve tarihçesini kısaca ortaya koyduktan sonra tahkimin insan hakları ihlallerinden doğan uyuşmazlıkların çözümü konusunda neden tercih edilmesi gerektiğini incelemektir. Bu kapsamda, Lahey Kurallarının iş dünyası ve insan hakları uyuşmazlıklarının kendine has özellikleri dikkate alınarak hazırlanmış maddeleri ele alınacaktır. Ayrıca çalışmada Lahey kurallarının eksiklikleri ve geliştirilmesi gereken noktaları üzerinde de durulacaktır.Publication Metadata only The role of cultural herıtage in the creation of a sense of belonging among young Norwegian Turks: Boundary making and crossing(Univ Jaen, Serv Publicaciones, 2016) N/A; N/A; Nikielska Sekula, Karolina; Resercher; Migration Research Program at Koç University (MIReKoç) / Göç Araştırmaları Uygulama ve Araştırma Merkezi (MIReKoç); N/A; N/AThis paper discusses the importance that cultural heritage has for Norwegians of Turkish decent when it comes to negotiating both their belonging and the concept of home. The role of heritage in making and crossing the boundaries of ethnicity is also discussed here. I argue that Norwegian Turks have developed a multi-layered sense of belonging based on the identification with groups and places located both in Turkey and in Norway. They participate in Norwegian society while identifying themselves as Turks and negotiations of cultural heritage contribute to the preservation of consistent image of themselves as they adopt common Norwegian lifestyles.Publication Metadata only Why the ICC needs a 'Palestine situation' (more than palestine needs the ICC): On the court's potential role(s) in the Israeli-Palestinian context(IL MULINO, 2017) Mariniello, Triestino; N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/AThis article interrogates the potential role of the ICC in the Israeli-Palestinian context as a function of the relationship between international criminal justice and the maintenance of peace. It argues that the Palestine situation presents the ICC with a critical opportunity to redress its 'crises' of effectiveness and legitimacy. The risks of an ICC intervention for the Palestinian population and for the Court may have been underappreciated. However, the Court's reluctance to open an investigation in the Palestine situation, and missed opportunities during the deliberation of Palestine's 2009 declaration requesting jurisdiction, have undermined its institutional integrity and contributed to the waning of its standing as an enforcer of international law. This contribution concludes that the ICC's potential to deter international crimes in the Israeli-Palestinian context is limited, and the Court needs a 'Palestine situation' more than the Palestine needs the ICC.Publication Metadata only The case for the right to meaningful access to the internet as a human right in international law(Cambridge University Press (CUP), 2020) Çalı, Başak; Faculty Member; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); Law School; N/AN/A