| |
|
 |
|
 |
|
 |
|
 |
|
  |
|
 |
|
  |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
An Inquiry into the Turkish ‘School’ of International Law
Berdal Aral 1
Abstract
This paper seeks to examine major Turkish textbooks of public international law, focusing particularly on a small number of core areas in this discipline: historical origins and basic features; formal sources; main subjects; the law of territory; international law and development. These textbooks show a strong inclination towards Eurocentrism and positivism due to their denial of the vigour of ‘soft law’, as manifested for instance in UN General Assembly resolutions, and of their marginal treatment of ‘international law and development’. What is more, substantive issues of international law are not discussed in a critical way; rather the procedures of the discipline are given priority. This is almost to suggest that Turkish international law scholars hold the view that their raison d’être is confined to ‘technical expertise’, and that the relationship between law, other disciplines and society lies outside their domain. In the final analysis, therefore, the hard core of issues integral to international law and having a deep impact on international politics, such as the search for a New International Economic Order (NIEO), the principle of self-determination and human rights are either entirely bypassed or treated only very narrowly in Turkish international law textbooks.
1. Lecturer in International La. Fatih University, Istanbul, Turkey.
* The free viewer (Acrobat Reader) for PDF file is available at the Adobe Systems
© 1990-2004 European Journal of International Law
All comments and suggestions should be sent to webmaster
This site is part
of the Academy of European Law online, a joint partnership of the Jean Monnet Center at NYU School of Law and the Academy of European
Law at the European University
Institute.
This file was last modified:
Tuesday, October 31, 2006 05:07AM