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Code of Ethics, Morality and the Law

Mehmet YÜKSEL

ABSTRACT

The main focus of this study is the relationship between code of ethics and morality. When necessary, the paper will also shed light on the relationship between morality and law. Discussions regarding the interaction among ethics, morality and law deepen and intensify especially in today’s life world, which is increasingly getting complicated, dynamic and pluralistic. In such a setting, particular standards, norms and regulations seems to be necessary to shape and guide human behavior and social relationships. Thus, codes of ethics and legal regulations appear to be the initial solution that comes to mind. However, it is self-evident that these solutions do not lead to expected results. For this reason, this study is designed to investigate the following questions: ‘Is it possible to regulate both human behavior and social life only with code of ethics and code of law?’, ‘How efficient would those codes be in terms of directing human relationships and behavior?’, ‘Doesn’t codification of particular fields of social life weaken moral sensitivities?’, ‘Would such general and abstract regulations provide coherence with the concrete, flowing and changing character of life?’

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Consientious Objection and International Law I: Internationalisation of a National Legal Problem Under a Dilemma of Fulfilling Public Duties- Respecting Religious Belief
Erdem Ýlker MUTLU

ABSTRACT

The analysis in this study is on the ethical dilemma of a citizen between a public duty arising from law and religious liberty provided to conscientious objector to military service. The study encompasses the historical evolution of the concept of “conscientious objection” as a common value from Europa and United States where it became subject matter of positive law. The argument begins with ethical and epistemological parameters for a conscientious objector. It analysis the socio-historical evolution with special reference to civil disobedience-militarism analysis by Ronald Dworkin, who in 20th Century made an outstanding reference to literature with his masterpiece “Taking Rights Seriously”. Final remarks refer to the internationalisation of national values under international law.

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Conscientious Objection and International Law II: Interpreting the Convention in the Light of Bayatyan
Erdem Ýlker MUTLU

ABSTRACT

In this study, an activist approach on interpretation of treaties in terms of religious liberty will be discussed. General interpretation rules of positive law will be considered with reference to interpretation method applied to European Convention on Human Rights by European Court of Human Rights. The approach interpreting the Convention as a Renaissance of Natural Law and overriding any other value to save the public liberty of individual will be discussed re-evaluating Bayatyan decision.

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Questioning the Applicability Conditions of Non-Refoulement Regulated in the Law on Foreigners and International Protection Within the Framework of ECHR Judgments”
Aslý BAYATA CANYAÞ

ABSTRACT

Principle of non-refoulement has been regulated as a main principle under the article 4 of the Law on Foreigners and International Protection (LFIP). According to the provision, it has been said that “No one shall be expedited to a place where he/she will be subject to torture, inhuman or degrading treatment or punishment or where his/her life would be threatened due to being a member of a social group or depending on his/her political ideas”. Moreover, principle of non- refoulement has also been adopted in the first paragraph (a) of article 55 and in the first paragraph (a/b/c) of article 63. In some parts of articles 4 and 63, some certain expressions like “to be subject to inhuman treatment” have been stipulated. These expressions might be interpreted in a way that the concerned person should set forth that he/she will be subject to torture in the country of extradition. This means a heavy burden of proof. Principle of non-refoulement is interpreted under article 3 of the ECHR in the ECtHR Judgments. In making a non-refoulement judgment, the ECtHR makes “a real risk assessment” that is beyond a simple possibility in terms of facing an inhuman treatment in the country of extradition. In this regard, if a judgment that has been made in pursuant to the certain expressions of the LFIP comes before the ECtHR, “breach arising from the legislation” might occur. It might be a solution to this problem to amend the certain expressions of the LFIP with regard to non-refoulement, in a way finding the real risk assessment satisfactory.

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A Review on the Subcontracting Institution which is the Cronic Problem of Infrastructure
Abdülsamet GÜLLER

ABSTRACT

Although occupies our agenda intensively and discussed constantly regarding its reasons and consequences, subcontracting still has no adequate remedy that corresponds the inherent problems. Currently, legislation is paraphrased in depth and the interpretations of comprehensive annotations are being settled exclusively by way of perceiving subcontracting as a pure institution of labor law. However, it seems that the relationship that gives rise to outsourcing, is not adequately studied. Analysing the law without isolating the relationship generating it, will lead us to more accurate conclusions. In that respect, a proper research on outsourcing requires an analysis of neo-liberal policies that play a role in the existence of this institution and the socio-economic structure in which it is present. A contrary perspective, even though sheds some light upon the problems of labor, would not be able to resolve these said problems and this mechanism would perpetually minimise social rights vis-à-vis increasingly maximised profitability.

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Permissibility of Unilateral Military Interventions to Assist Self-Determination in International Law: State Practice and United Nations’ Responses
Müge KINACIOÐLU

ABSTRACT

This article aims to examine and analyze the problematic clash of the most promoted right of selfdetermination with the most enshrined norms of non-use of force and non-intervention in domestic affairs in international law. It specifically addresses the question of justification of the use of force on the basis of assistance to peoples in their struggle for ‘external’ self-determination, and examine the permissibility of the state justifications for military intervention in support of external self-determination, by analyzing three Cold War cases where it was specifically invoked as the legal ground for military intervention and the United Nations (UN) reactions to them. The article’s main contention is that despite the incontestable significance attached to self-determination, the historical record of the UN responses to such military interventions demonstrates that the right of self-determination does not lend itself to an unquestionable legal right for a state to take a unilateral military action and intervene in domestic affairs of another state.

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Two Bulwarks of Liberty of the Roman People: “Provocatio ad populum” and “Tribunus plebis”
Eþref KÜÇÜK

ABSTRACT

In the Roman republic, social and political struggle of the orders between the patricians and the plebeians which form the people has an important place in history of human rights. The institutions of tribune of the plebs and provocatio ad populum are especially important as political and legal instruments in struggle of the plebeian class. As provocatio ad populum provides judical protection for the Roman people, tribune the plebs supports class rights. The famous historian Titus Livius called these institutions “two bulwarks” (duas arces libertatis) of Roman people

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