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4851. The System Theory of Niklas Luhmann and the Constitutionalization of the World Society

Author:
Clemens Mattheis
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The article takes a critical look at the current 'constitutionalization vs. fragmentation' debate and examines it on a system theory-based outlook. The historical background deals with Niklas Luhmann's system theory and analyses whether his move 'from territoriality to functionality' is applicable to modern international law. The contribution analyses a possible constitutionalization in Luhmann's “world society” in form of structural couplings and beyond a societal constitutionalism or a postnational order. The essential argument is that there is a constitutional system-theoretical element in modern, state-centered international law: a value-based, 'structural coupling' between the political system and the law system in terms common values such as core human rights and basic principles.

4852. The Constitutional Function of Contemporary International Tribunals, or Kelsen's Visions Vindicated

Author:
Tomer Broude
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In this article the author makes two complementary arguments, one deceptively simple, the other deceptively esoteric. First, contemporary international courts and tribunals (most, though not necessarily all) are increasingly requested, or required (often, though not always), to adjudicate issues in ways that are tantamount to international constitutional judicial review of national acts and domestic measures, rather than traditional interstate dispute resolution. This is a point that seems to have so far evaded most of the contemporary literature on the continually enhanced judicialized system of international law, and its constitutionalization. Second, in order to understand the emergence of this current predilection towards constitutional judicial review at the international level, it is instructive to look back to Hans Kelsen's post-World War II visionary approach towards the (then) prospective constitutional role of the international judiciary. This approach is analogous to (and has its roots in) Kelsen's Weimar-era positions on the preferred role of courts as constitutional guardians in domestic legal systems. These arguments are demonstrated through analyses of recent jurisprudence of the ICJ, the WTO, and the ECtHR.

4853. Was Huntington Right? Revisiting the Clash of Civilizations

Author:
Mohammed Ayoob
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This essay is an attempt to revisit Samuel Huntington's controversial thesis about a clash of civilizations. Though the author has been an early critique of Huntington, he finds substantial evidence that corroborates Huntington's central thesis when he analyzes the American policy toward the Middle East through the prism of the clash of civilizations paradigm. He suggests that the pattern of double standards that are witnessed in American foreign policy toward the Middle East is an integral part of a world where supposedly immutable differences based on civilizations form the primary source of conflict. In order to support his argument the author draws on examples from several cases, such as the American policies toward the Israel-Palestine issue, America's position on Iran's nuclear enrichment program, American reaction to the Israeli raid on the Turkish ship Mavi Marmara, as well as Turkey's longstanding candidacy for membership in the European Union. In all, he finds startling double standards that fit Huntington's paradigm, for as he pointed out double standards are an integral part of a mindset that sees conflict in terms of clashing civilizations.
Political Geography:
America, Europe, Iran, Turkey, Middle East, Israel, and Palestine

4854. The "Arab Spring" and the New Geo-Strategic Environment in the Middle East

Author:
Moshe Ma'oz
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
Contrary to the evaluation of several political leaders and analysts, the new Islamic governments that have been elected in Tunisia, Egypt and Libya in the aftermath of the Arab Spring do not follow the zealous Islamic Iranian model. Rather, they tilt more to the Turkish Islamic democratic system. Significantly, the new Muslim Brothers' regime under president Morsi in Egypt has adopted a balanced realistic policy in domestic, regional and international affairs. While giving Shi'i Iran a cold shoulder, Morsi is inclined to play a leading role in a new regional Sunni-Muslim coalition with Saudi Arabia and Gulf Emirates, and Turkey, the major Sunni Muslim power. Although the would-be Ankara-Cairo new axis will be cautious not to alienate Tehran, it will probably make efforts to contain Iran's attempts to create a Shi'i crescent in the region to control the oil resources in the Gulf. Turkey and Egypt will try to reduce Iran's advances in Iraq and Syria by fostering their Sunni Muslim communities and helping the Syrian Muslims to topple the Alawi regime. Finally the Ankara-Cairo strategic axis, backed by most Sunni-Muslim regimes and in coordination with Obama's new administration, is likely to induce Israel to settle the Palestinian issue.
Political Geography:
Turkey, Saudi Arabia, Syria, Egypt, and Tunisia

4855. Plural Islamism in Plural Modernities

Author:
Ergün Yildirim
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article examines the trajectory of Islamism as a modern phenomenon. It demonstrates that, having evolved under the influence of myriad political, intellectual and historical developments of the past two hundred years, the concept is still surrounded by various debates, movements, acts of violence, ideologies, policies and positions. Islamism also continues to be a significant element in Turkey's political and intellectual life as well. The article then engages several critical questions. Has Islamism reached its end? Is a new type of Islamism emerging? Is post-Islamism on the horizon. In response, the article argues that Islamism's diversification–as opposed to its end–leads the movement to survive as pluralities that result from structural changes stemming from global and plural modernities' interaction with societies. In line with social and political organizations' pursuit of violence, poverty, challenge, reconciliation and alliance, Islamism too is being plurally reconstructed.
Topic:
Islam and Politics
Political Geography:
Turkey

4856. An Alternative to the "Turkish Model" for the Emerging Arab Democracies

Author:
Halim Rane
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
The political and economic success of Turkey's Justice and Development Party (AKP) has generated extensive discussion about the extent to which Turkey provides a model for other Muslim, especially Arab, countries. The notion of a Turkish model has received intense focus since the uprisings in the Middle East and North Africa (MENA) region began in 2010. Amid the excitement, more cautious voices have highlighted fundamental differences in historical and political experiences and relations with Islam between Turkey and the Arab countries. Considering these factors, this article contends that rather than Turkey's AKP, a more accurate comparison and potentially viable model for the emerging Arab democracies can be found among the Islamic-oriented political parties of South East Asia, which advocate an approach to Islam based on the maqasid, or higher objectives. This article examines the appeal of the maqasid approach in respect to its utility for maintaining Islamic legitimacy and transitioning from ideology-oriented to policy-oriented parties and thereby responding to the needs and aspirations of broad constituencies. This article discusses the function of the maqasid for Islamic political parties in the MENA region as it undergoes political liberalization in the aftermath of the Arab uprisings.
Topic:
Disaster Relief and Politics
Political Geography:
Turkey, Middle East, Arabia, North Africa, and Southeast Asia

4857. On Islamism: Its Roots, Development and Future

Author:
Ali Bulaç
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article examines Islamism in its historical trajectory as well as its current standing and likely evolution. After pointing out to the problems stemming from the lack of an agreed-upon definition, the article presents a definition that constitutes the basis of analysis. It identifies three generations of Islamists and evaluates them by using three criteria: the framework of reference, political themetendency, and leadership profile. The article presents a self-criticism of the second generation Islamists, of which the author is also a member, and identifies areas in which the third generation Islamists have faced a serious test. The paper then turns to discuss the experience of the AK Party in Turkey, focusing on the debate on whether it is an Islamist movement. Next, the article seeks to drive an analytical distinction between Islamism and theology, before concluding the analysis with a critical engagement of an ongoing debate on whether Islamism is dead.
Topic:
Islam
Political Geography:
Turkey

4858. The Birth and Death of Islamism

Author:
Mümtaz'er Türköne
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
What happens when an ideological movement whose raison d'être is to challenge the existing political system and government structure, and one that gains its identity and character from criticizing power, takes control of the government? Turkey no longer has a noteworthy Islamist project. We must place this vanishing, or death, at the end of the story, a story that begins with its birth. When Muslims are able to express themselves through democratic means, they move away not only from violence, but also from an ideological Islamic interpretation. The death of Islamism in Turkey can therefore be explained by the wide-open channels of democracy. In such a free and democratic setting, there is no environment for Islamism to survive, especially when it is fit into a different mold through the support of the government.
Topic:
Government
Political Geography:
Turkey

4859. Imperial Legacies and Neo-Ottomanism: Eastern Europe and Turkey

Author:
Deniz Bingöl Mcdonald
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article examines whether the presence of imperial legacies in Central and South-eastern Europe affects their foreign policy stances and public opinion towards Turkish accession to the EU. It first discusses the boundaries of the ideational factors affecting the perception of Turkey, namely the historical legacy of the Ottoman Empire as a European power in Eastern Europe. Secondly, it looks at the ideational factors in how Turkish foreign policy, more specifically Turkey's EU membership, is perceived by Eastern and South-eastern European political elite and public. The author finds that in places where the Ottoman Empire is perceived in more historically distant terms, the more positive or neutral views are of Turkish membership. It concludes with a juxtaposition of Eastern European stances with Turkey's new foreign policy strategies. It recommends that Turkish foreign policy should not neglect advocacy in the western part of the old Ottoman sphere of influence where new EU members lie. These may indeed by transformed into new allies to support Turkey's bid against the opponents among older EU members.
Topic:
Foreign Policy
Political Geography:
Europe and Turkey

4860. The Challenges of Retaking Northern Mali

Author:
Martin van Vliet
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
CTC Sentinel
Institution:
The Combating Terrorism Center at West Point
Abstract:
ONCE CONSIDERED AFRICA'S flagship of democracy, Mali has turned into a shipwreck of anarchy seemingly overnight. A military coup ousted Malian President Amadou Toumani Touré in March 2012, and within weeks state authority completely withered in the northern regions of Gao, Timbuktu and Kidal. Covering an area as large as the state of Texas, these regions are currently controlled by three “hybrid organizations” blending Islamic radicalism with transnational crime. Deeply concerned by the security threats posed by such a sizeable sanctuary for terrorists, the international community has pressured the Malian government and military to overcome internal wrangles as preparations for an international military intervention are underway.
Political Geography:
Northern Mali