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Publication Open Access Bridging international political economy and public policy and administration research on central banking(Taylor _ Francis, 2021) Yağcı, Mustafa; Department of International Relations; Bakır, Caner; Faculty Member; Department of International Relations; College of Administrative Sciences and Economics; 108141Central banking as an avenue of research has been of interest to scholars from International Political Economy (IPE) and Public Policy and Administration (PPA) disciplines. Nevertheless, there is very little dialogue between these two perspectives to bridge macro, meso, micro-level analyses and examine the reciprocal relationship between the global and domestic political economy context and monetary policy conduct. This article investigates the Turkish experience to bridge IPE and PPA scholarship on central banking in emerging economies. In doing so, we adopt an analytic eclectic approach combining multiple structural, institutional, and agential causal explanations with particular reference to the Structure, Institution, and Agency (SIA) theoretical framework. This is because analytic eclecticism complements, speaks to, and selectively incorporates theoretical approaches such as the New Independence Approach (NIA) of IPE and institutional and ideational PPA approaches. Drawing on the empirical context of the historical evolution of the Turkish political economy, we explore domestic and international interactions among micro, meso, and macro levels that shape central banking behavior. Our analysis also reveals how global dynamics are translated into domestic policy choices and how particular ideas influence the policymaking process. The analysis underscores the constraining and enabling influence of international dynamics, politics of ideas on emerging economy central banking, and the essential role individual and organizational agency play in the policymaking process.
Publication Metadata only Business and human rights in occupied territory: the UN database of business active in Israel's settlements(Cambridge Univ Press, 2018) N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/AThe law and practice concerning the responsibilities of businesses and the obligations of their home states in relation to private dealings in occupied territory are under-developed. The establishment of a database by the United Nations (UN) Office of the High Commissioner for Human Rights to monitor the activities of corporate actors in the Occupied Palestinian Territory (OPT) is an opportunity to provide much-needed guidance on the scope of application of existing international law in this paradigmatic case of a high-risk business environment. This article engages with the contribution of this initiative to the regulation of transnational corporate dealings through two normative issues: the structural characteristics and effects of the violations taking place in certain business environments maintained in the OPT on the responsibilities of business and home states; and the various modes through which businesses become directly linked with and contribute to the illicit property rights regime underpinning the existence of settlements and the serious human rights abuses perpetuated by their maintenance.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 On Einsteinian waves, international law and national hats: afterword to the foreword by Doreen Lustig and J. H. H. Weiler(Oxford Univ Press, 2019) N/A; Çalı, Başak; Faculty Member; Koç University Center for Global Public Law (CGPL) / Koç Üniversitesi Küresel Kamu Hukuku Araştırmaları (KÜREMER); Law School; N/AThis article offers a critical reading of Lustig and Weiler's Foreword article by focusing on the emphasis placed by the authors on the phenomenon of international judicial review and the hierarchical reception of international law by domestic judges as the core features of a second wave of judicial review, interacting with judicial review under domestic laws, characterized as the first wave of judicial review. It first asks whether we can abstract a general wave of international judicial review from the broad range of judicial decisions of international courts and tribunals and proposes that there may be much less international judicial review in the international system than proposed by the authors to make a wave. Second, it holds that where we have international judicial review, such review does not necessarily promote the idea of the hierarchy of international law over domestic law. There are different ways of being an internationalist and a hierarchical positing of international law has always been one option of many. In conclusion, I hold that these two critical inquiries into the second wave have repercussions on the reactionary framing of the third wave of judicial review. Reactionaries, and there are plenty, may be taking issue not only with international law as hierarchical law but also with the very idea of international law or even some basic tenets of public law.Publication Open Access Pernicious polarization, autocratization and opposition strategies(Taylor _ Francis, 2021) McCoy, Jennifer L.; Luke, Russell E.; Department of International Relations; Somer, Murat; Faculty Member; Department of International Relations; College of Administrative Sciences and Economics; 110135""Pernicious polarization"" - the division of society into mutually distrustful Us versus Them camps in which political identity becomes a social identity - fosters autocratization by incentivizing citizens and political actors alike to endorse non-democratic action. An exploratory analysis of new V-Dem data on polarization indeed shows the negative relationship between the level of political polarization and liberal democracy ratings. How can pernicious polarization be avoided or reversed once present? By drawing on an endogenous explanation of polarization, where the decisions and actions of both opposition actors and incumbents contribute to its evolution, we focus on the question of what democratic opposition actors can do to stop or reverse pernicious polarization. Based on insights from examples across the world and deductive theory-building, along with illustrative cases, we offer a typology of potential opposition goals, strategies and tools, and then analyse how these may affect polarization and in turn democratic quality at early and late stages. We identify goals as either generative or preservative, and we argue that ""active-depolarizing"" and ""transformative-repolarizing"" strategies are more promising than ""passive-depolarizing"" and ""reciprocal polarizing"" strategies to improve a country's resilience to autocratizing pressures. The specific tools employed to pursue these goals and strategies are also crucial, though the effectiveness of available institutional accountability and mobilizational tools will change as the process of polarization advances. The emerging literatires on opposition strategies to democratize electoral autocracies and to improve the resilience of democracies should incorporate their impact on polarization as a critical intervening variable.Publication Metadata only Regulating webcasting: an analysis of the audiovisual media services directive and the current broadcasting law in the UK(Elsevier, 2009) N/A; N/A; Önay, Işık; Faculty Member; Law School; 122220Webcasting is an emerging industry, which steadily gains significance as technology enables efficient delivery of video content via Internet. The regulation of webcasting is a topic worthy of debate: Regulating webcasting heavy-handedly may result in stifled innovation whereas not imposing any regulation carries the danger of an un-level playing field between webcasters and stringently regulated broadcasters. In the wake of the Audiovisual Media Services (AVMS) Directive's adoption, the debate has inevitably come to the attention of national regulators of EU Member States, and will remain on OFCOM's agenda until the Directive's implementation into UK law is completed. This article provides an analysis of both the AVMS Directive and the current UK broadcasting law as regards to its applicability to Internet-based services in order to identify UK's current standing prior to implementation; discusses the role of alternatives to state regulation (self- and co-regulation) in the implementation process and finally addresses the DCMS Public Consultation on the Implementation of AVMS Directive revealing the government's plan for the implementation.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.