International Law in Turkish

2021 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Private International Law ◽  
Humanitarian Law ◽  
Legal Analysis ◽  
The European Union ◽  
Academic Journal ◽  
European Union Law ◽  
Central State ◽  
Academic Publications

It is difficult to speak of a distinctly “Turkish” approach to international law. First, by and large, Turkish academics do not pretend to represent a systematic worldview that challenges the established norms and practices of international law. Second, they mostly have no claims about presenting views, ideas, and concepts that enrich existing international law. Finally, there is no evidence to suggest that Turkish scholars of international law share the official view of Turkey, roughly over the last two decades, as a “central state” and a “rising power.” Another peculiarity of the international legal discipline in Turkey is its lack of interest in Turkey’s historical past, in particular the Ottoman Empire. This is possibly one of the reasons behind the overall aridity of the international legal literature in Turkey. Even today, most of the Turkish jurists appear Eurocentric/Western-centric in the way they conceive international law. Accordingly, they are likely to show scant interest in legal disputes, developments, or ideas originating in Asia, Africa, and Latin America unless they are taken up by Western scholars. This one-way dependence on the Western literature may also partly account for the positivist bias prevailing in Turkey. The rarity of interdisciplinary analysis of international legal issues is another distinguishing feature of the literature in Turkish. Nonetheless, increasing publications by the new generations of jurists in Turkey have undoubtedly broadened the thematic scope of international legal analysis. Currently, in addition to the classical topics of international law, Turkish monographic studies, which mostly originate in doctoral theses, and academic articles delve into issues such as the right of self-determination, human rights and humanitarian law, and, less frequently, the history of international law, jus cogens norms in international law, globalization and international law, Third World approaches to international law, and some problematical aspects of the UN system from the perspective of international law. This bibliographical study does not include studies that fall under the umbrella of the European Union law or human rights, simply because these branches of international law have become separate disciplines or subdisciplines on their own in Turkey. Besides, Turkish academic publications in these two areas are so numerous that it doesn’t seem sensible to list them as a subheading of international legal analysis in this bibliographical study. Granting that Turkish scholars of international law have shown scant interest in the area of “Islam and international law,” this topic is not incorporated in this entry either. Currently, in Turkey, there is no academic journal specializing solely in public international law. However, Milletlerarası Hukuk ve Milletlerarası Özel Hukuk Bülteni (Public and Private International Law Bulletin), published since 1981 by the Law Faculty of Istanbul University, incorporates articles, book reviews, and case law on both branches of international law.

scholarly journals Systematization of private international law in Ukraine and foreign countries: present state and tendencies

2020 ◽  
Vol 3 ◽  
pp. 122-128
Author(s):  
Mykola Lazarenko
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Present State ◽  
Former Soviet Union ◽  
Private International Law ◽  
Legal Analysis ◽  
The European Union ◽  
Foreign Countries

Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.

scholarly journals The Relationship Between the European Union Law and the Double Tax Treaties

2021 ◽  
Vol 61 (5) ◽  
pp. 277-286
Keyword(s):  
European Union ◽  
International Law ◽  
Eu Law ◽  
Legal Analysis ◽  
The European Union ◽  
European Union Law ◽  
Legislative Changes ◽  
National Perspective ◽  
The Many ◽  
The Eu

The European Union law (EU law) and the international law are two different but complementary systems. The variety of cases, the dynamic matter, as well as the many legislative changes both from international and national perspective in the field of direct taxes, gives rise to the necessity to delineate the boundaries between the EU law and the international law. This would help to ensure the proper law enforcement and to limit the possible conflicts between them. In the present paper, through a comparative legal analysis of the relevant case law of the Court of Justice of the European Union (CJEU), the scope of the EU law is derived, as well as its interaction with international law. This helps to draw conclusions about their relationship, and in particular in the observance of their hierarchy in practical cases.

scholarly journals The Impact Of Rome I Regulatıon In Albanıan Prıvate Internatıonal Law

2016 ◽  
Vol 12 (4) ◽  
pp. 150
Author(s):  
Ilda Mucmataj
Keyword(s):  
European Union ◽  
International Law ◽  
Private International Law ◽  
The European Union ◽  
Economic Activities ◽  
European Union Law ◽  
Conflict Of Laws ◽  
Contractual Obligations ◽  
Rome I ◽  
The Impact

In terms of globalization, the economic activities have overcome national boundaries of states. So due to people’s mobility and their frequent relations in private field, the number of private international actions has increased as well, and gives in this way the importance of private international law. The conflict of law rules in the national law were not unaffected by European integration. So, the developments that took place in the European Union in the field of private international law over the past years had a large impact on the national conflict of laws rules in Albania, especially on the conflict of laws rules of certain specific areas of law. The aim of this article is to analyze the interaction between European Union law and the Albanian conflict of laws rules in the area of contractual obligations. So on one hand, I have presented a general analysis on the main provisions of the EC Regulation No. 593/2008 of The European Parliament and of the Council of 17 June 2008 on the Law applicable to contractual obligations, known as (Rome I), as the role of the European Union is becoming increasingly active in PIL. While, on the other hand I have presented a short introduction of the historical development of APIL and its characteristics and then I have given a comparative view of Albanian Private international Law relating to the contractual obligations with the focus on party autonomy provisions. The article concludes with a short conclusion.

scholarly journals A Relação entre Direito Comunitário e Direito Internacional Regional – A Adesão da União Europeia à Convenção Europeia de Direitos Humanos

2012 ◽  
Vol 7 (1) ◽  
Author(s):  
Iris Saraiva Russowsky
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Regional Integration ◽  
Lisbon Treaty ◽  
European Convention ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
The Relationship

Resumo: O presente trabalho busca analisar a relação entre direito comunitário e o direito internacional a partir da integração regional ocorrida na União Europeia. Busca-se analisar a viabilidade da adesão da União Europeia à Convenção Europeia de Direitos Humanos (CEDH), levando-se em conta, principalmente, a atuação do Tribunal de Justiça da União Europeia (TJUE) e a reformulação ocorrida no bloco com o Tratado de Lisboa (2009). Palavras-chave: Direito Comunitário; Direito Internacional; União Europeia; Adesão à CEDH. Abstract: This study aims to analyze the relationship between European Union law and international law from the regional integration occurred in Europe. It analyzes the viability of the European Union's adherence to the European Convention of Human Rights (ECHR), taking into account mainly the work of the Court of Justice of the European Union (CJEU) and the reformulation occurred in the block before the Lisbon Treaty (2009).  Keywords: European Union Law; International Law; European Union; Adherence to European Convention of Human Rights.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442
Keyword(s):  
European Union ◽  
International Law ◽  
West Bank ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Purchasing Decisions ◽  
Ethical Considerations ◽  
Occupied Territories ◽  
East Jerusalem

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

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