Research Outputs
Permanent URI for this communityhttps://hdl.handle.net/20.500.14288/2
Browse
9 results
Search Results
Publication Metadata only A land of milk and butter: how elites created the modern Danish dairy industry(Walter De Gruyter Gmbh, 2021) N/A; Aydın, Yaprak; PhD Student; Graduate School of Social Sciences and Humanities; 276714N/APublication Metadata only Comparative regional human rights regimes: defining a research agenda(Oxford Univ Press, 2018) Madsen, Mikael Rask; Viljoen, Frans; N/A; Çalı, Başak; Faculty Member; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); Law School; N/AThis article introduces the Comparative Regional Human Rights Regimes Symposium which marks a first attempt at a regime-level comparative analysis of the three main regional human rights courts and commissions. It does so with the aim of laying out why regime level comparative analysis matters and why access, interpretation and remedies offer core markers of a comparative research agenda. The article identifies three distinct contributions that regional comparison makes to comparative international human rights law. First, it allows us to go beyond the binary form that is prevalent in comparative human rights law scholarship that most often juxtaposes (selected elements of) the European and Inter-American human rights regimes, and less frequently the African-Inter-American, or African-European human rights regimes. Second, a comparative research agenda goes beyond existing scholarship on regional comparison that has been largely descriptive in character. Taking a holistic approach to regional human rights regimes, comparisons can be made over time and dynamics of divergences and convergences can be identified and explained. Third, a comparative research agenda allows us to locate regional human rights regimes as part of a more general global evolution of law and institutions. That is, through comparison, we are better placed to evaluate how regional human rights courts and commissions are inscribed in a broader development of regional and international law since the aftermath of World War II.Publication Metadata only Comparing the support of the EU and the US for international human rights law qua international human rights law: worlds too far apart?(Oxford University Press (OUP), 2015) N/A; Çalı, Başak; Faculty Member; Law School; N/ASupport for international human rights law (IHRL) is one area where most international lawyers would have a hunch that the European Union fares better than the United States overall. in this article I focus on Pollack's dependent variable, "support" for international law, and its four dimensions: leadership, commitment, compliance, and internalization and investigate this hunch. I find that the conventional contrast between the US and the EU with regard to their support for IHRL is valid, with respect to political support for IHRL, but less so for judicial support. I argue that the marked differences between the EU and the US in the field of political support for IHRL are best explained by the thickness of the institutional human rights regime with respect to EU member states in the case of judicial support, the CJEU shares with the US Supreme Court the reflex of protecting its own constitutional autonomy, despite the comparatively better legal resources at its disposal to support IHRL.Publication Metadata only Contractual time limits to commence arbitration(Kluwer Law Int, 2020) N/A; N/A; Karaşahin, Yasin Alperen; Faculty Member; Law School; 257378Arbitration and multi-tier dispute resolution clauses may contain a time limit to commence arbitration. The expiry of such a time limit could have different legal results. First, it could make the arbitration clause ineffective. Second, it could extinguish the claim or prevent its enforcement through legal proceedings. In the latter case, the contract provision about the time limit would have to be examined with regard to its compliance with mandatory provisions of the law applicable to limitation periods. Even the determination of the law applicable to limitation periods causes considerable difficulty. It is another difficult issue to determine which provisions of the law applicable to limitation periods are mandatory and, if so, whether the contract provision complies with the limits of the law. Once it is established that the contract provision is valid, the acts necessary to prevent the expiry of the time limit would have to be examined.Publication Metadata only Foxes guarding the foxes? the peer review of human rights judgments by the Committee of Ministers of the Council of Europe(Oxford Univ Press, 2014) Koch, Anne; Çalı, Başak; Faculty Member; Law School; N/AThis article investigates the reliability of the peer review of human rights judgments by the Committee of Ministers of the Council of Europe. It argues that, even if composed of politically motivated actors, the Committee is not to be dismissed too cursorily as a deficient and unreliable system of compliance monitoring. Evidence shows that formal and informal institutional constraints, in particular the presence of a strong Secretariat, constrain the propensity to bargain amongst Council of Europe diplomats acting as peers when monitoring the implementation of judgments of the European Court of Human Rights. Our finding runs contrary to the proposition that Europe constitutes a special case of cultural convergence around respect for international human rights law. The article further argues that hybrid models of compliance monitoring which combine political as well as judicial and technocratic elements may be more effective in facilitating human rights compliance than direct international court orders or expert recommendations.Publication Metadata only The (in)distinction between remand imprisonment and prison sentence: revisiting pre-trial detention within Turkish youth justice system*(Elsevier Sci Ltd, 2021) Department of Sociology; Durak, Nilay Kavur; N/A; Department of Sociology; Migration Research Program at Koç University (MIReKoç) / Göç Araştırmaları Uygulama ve Araştırma Merkezi (MIReKoç); College of Social Sciences and Humanities; 294023Around 3.3 million people worldwide are in pretrial detention, and 14 million people are held in such detention per year. Despite the high numbers, remand imprisonment has received little attention in penal theories. Over the past couple of decades, Turkey has constructed high-security remand prisons for young pretrial detainees, indicating a transition towards securitization in the form of remand imprisonment. In these prisons, the element of ?space? and spatial control has taken precedence, while ?labour/discipline? and ?time? have lost significance, reflecting the securitization process. Research conducted in juvenile courts and prisons in 2014?2015 demonstrates how marginalized youth end up in remand prisons that have become social control facilities. Remand imprisonment is interpreted as a crime control and deterrence mechanism by both the prisoners and legal practitioners, and attains roles in crime control that correspond to the residual welfare regime.Publication 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 Verifiability and contract enforcement: a model with judicial moral hazard(Oxford University Press (OUP) inc, 2002) Department of Economics; Usman, Ali Murat; Teaching Faculty; Department of Economics; College of Administrative Sciences and Economics; 100999I model the litigation of a contract containing a variable not observable by courts, hence nonverifiable, unless the rational and self-interested judge exerts effort. He values the correct ruling but dislikes effort. Judicial effort is discretionary. I show that effort cost is inconsequential-"always breach" is equilibrium for any effort cost. But there exists another equilibrium where a small breach rate is achieved even with significant effort costs. Maximal remedies for breach are not optimal. Because effort is discretionary, low effort cost increases breach. Pretrial negotiations can have a substantial negative impact on verifiability under arbitrarily small deviations from full rationality.Publication Metadata only Women at work and in the family: a discussion on reconciliation policy practices(Oxford University Press (OUP), 2018) N/A; Department of Sociology; Mert, Aslı Ermiş; Faculty Member; Department of Sociology; College of Social Sciences and Humanities; 292273This article addresses the social policy agenda on women, family, and work to highlight where Turkey is positioned in the European social policy realm regarding gender and employment. the article first discusses on what grounds Turkey has been largely included in the Southern European welfare regime category by placing an emphasis on familialism inherent in the regulations. Secondly, policy implementations in Turkey from 1980s up to present particularly regarding maternal employment are critically discussed. It is argued that regardless of the differences between Turkey and the other countries implementing Southern European welfare regulations, particularly in terms of the predominant religion, the fact that family (hence mainly women as caregivers) is the main provider of welfare creates a basis on which a welfare state cluster is formed. Based on this notion, this article underlines the importance of reinforcing men's roles in the private sphere in Turkey, considering the differentiated burden women are saddled with in this particular context in accordance with the welfare regime category Turkey has been included in.