@article{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {All You Need Is Time? Discrepancies between the European Court of Human Rights Case Law and Liberal Normative Theory on Long-Term Migrants}, series = {Israel Law Review}, volume = {50}, journal = {Israel Law Review}, number = {3}, doi = {10.1017/S0021223717000152}, pages = {447 -- 497}, abstract = {This article, departing from Gila Stopler's 'Rights in Immigration: The Veil as a Test Case', published in the Israeli Law Review in 2010, reviews how the time spent by a long-term migrant, irrespective of legal status, normatively figures in liberal theories of migration and in the case law of the European Court of Human Rights (ECtHR). The article detects that in contemporary liberal theories, assigning an independent normative value to time spent by the migrant in the receiving country is a key move in balancing the competing interests of migrants and of the migrant-receiving country, where the right of the country to regulate migration is taken as given: the longer a migrant is present in a country, the stronger her interests become in receiving citizenship status or treatment akin to citizens. The article then surveys the case law of the ECtHR relating to long-term migrants. It finds that time is often one of multiple normative considerations in the balancing exercise, in conjunction with whether a migrant has achieved social integration in the migrant-receiving country and whether the right of the receiving community to regulate migration for reasons of affording citizenship, national security or distributive justice is paramount. The article argues that the lack of an independent normative weight afforded to time in the case law of the ECtHR is not merely a tension between the translation of liberal normative theory to legal policy. It also shows a deeper tension in liberal theories of migration between national liberalism and cosmopolitan liberalism.}, language = {en} } @article{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {International Human Rights Law: One Purpose or Many? Reflections on Macklem's The Sovereignty of Human Rights}, series = {Jerusalem Review of Legal Studies}, volume = {15}, journal = {Jerusalem Review of Legal Studies}, number = {1}, doi = {10.1093/jrls/jlx010}, pages = {77 -- 88}, abstract = {International human rights law (IHRL) puzzles international lawyers and moral philosophers alike. On the one hand, IHRL does not rest on logic familiar to international lawyers, such as reciprocal obligations between states. It is a body of law created by states, but what it regulates is relationships between states and individuals.1 On the other hand, IHRL has strong affinities with moral philosophy. It claims to protect the fundamental interests of individuals in the form of claim rights against states. Yet, IHRL contains a much longer list of rights than most moral philosophers are willing to justify. It further contains doctrines that are alien to moral philosophical accounts of rights, such as derogable rights and jurisdiction-based responsibility for duty holders. That IHRL shares much in common both with international law and with moral philosophy yet, in some ways, remains distinct from both of them, has been subject to both philosophical and legal theoretical inquiry through the past decade.4 Significant questions have been raised concerning the normative justifiability of IHRL both from philosophical and legal perspectives. Should we interpret IHRL in the light of a moral philosophy of human rights? What explains the discrepancies between moral philosophical accounts of human rights and the practice of IHRL? What is IHRL for? Does the practice of IHRL allow us to make sense of the purpose of IHRL distinct from moral philosophical accounts of IHRL? The Sovereignty of Human Rights5 is an important contribution to these questions, and in particular, to the purposive analysis of IHRL as a legal project distinct from the moral enquiries into human rights qua human rights. What is more, it offers a purposive analysis of a much wider range of IHRL than commonly found in the existing literature. It proposes that a legal account of the purpose of IHRL must go beyond the civil, political, economic, social, and cultural rights of individuals and include minority rights, rights of indigenous peoples, the right to self-determination, the right to development and freedom from poverty. The Sovereignty of Human Rights brings together the latter under an integrated account of the purpose of IHRL by way of assigning a unified purpose to IHRL as a whole: monitoring and seeking to alleviate not only the exercise, but also the distributive effects of the allocation of sovereignty in the international legal order. This article, part of the Symposium on Macklem's The Sovereignty of Human Rights, has two aims. First, it seeks to reflect on the central argument of The Sovereignty of Human Rights that the legal purpose of IHRL is to monitor the exercise and distribution of sovereignty in the international legal order with a specific focus on the normative methodological underpinnings of this argument. Second, it turns to the implications of this central argument for understanding the purpose of legal minority rights as developed in Chapter 5, holding that minority rights foremost aim to monitor the distribution of the allocation of sovereignty in the international legal order.}, language = {en} } @article{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {The disciplinary account of the authority of International Law: does it stand firm against its external critics?}, series = {European Society of International Law, ESIL Reflections}, volume = {5}, journal = {European Society of International Law, ESIL Reflections}, number = {5}, abstract = {The form of authority that international law enjoys over states, and for what reasons, has long been an important topic of debate in international law and in the neighboring disciplines of constitutional law, legal and political philosophy and political science. Although the debate is old, it continues to be a heterogeneous one in which disciplinary approaches to the very definition of authority play a central role. Notwithstanding disagreements on the definition of authority from various disciplinary perspectives, there are two points of agreement in this debate.}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Authority}, series = {Concepts for International Law. Contributions to Disciplinary Thought}, booktitle = {Concepts for International Law. Contributions to Disciplinary Thought}, editor = {d'Aspremont, Jean and Singh, Sahib}, publisher = {Elgar Publishing}, address = {Cheltenham}, isbn = {978 1 78347 467 7}, publisher = {Hertie School}, pages = {39 -- 53}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Influence of the International Covenant on Civil and Political Rights in Middle East}, series = {The Human Rights Covenants at 50: their past, present, and future}, booktitle = {The Human Rights Covenants at 50: their past, present, and future}, editor = {Moeckli, Daniel and Keller, Helen and Heri, Corina}, publisher = {Oxford University Press}, address = {Oxford}, publisher = {Hertie School}, pages = {124 -- 149}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Regional Protection}, series = {International Human Rights Law}, booktitle = {International Human Rights Law}, editor = {Moeckli, Daniel and Shah, Sangeeta and Sivakumaran, Sandesh}, publisher = {Oxford University Press}, address = {Oxford}, publisher = {Hertie School}, pages = {411 -- 424}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {The limits of international justice at the European Court of Human Rights: between legal cosmopolitanism and a society of states}, series = {Paths to international justice: social and legal perspectives}, booktitle = {Paths to international justice: social and legal perspectives}, editor = {Dembour, Marie-B{\´e}n{\´e}dicte and Kelly, Tobias}, publisher = {Cambridge University Press}, address = {Cambridge}, publisher = {Hertie School}, pages = {111 -- 133}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Human Rights discourse and domestic Human Rights NGOs}, series = {Human Rights in Turkey}, booktitle = {Human Rights in Turkey}, editor = {Arat, Zehra F. Kabasakal}, publisher = {University of Pennsylvania Press}, address = {Philadelphia}, publisher = {Hertie School}, pages = {217 -- 232}, abstract = {Turkish domestic human rights organizations (HROs) have played a major role in developing a human rights discourse by using human rights as an interpretive framework to criticize, resist, and reform domestic political, social, and economic arrangements. This chapter contends that since 1986, domestic Turkish HROs have been major actors in the development of a domestically grown human rights perspective in Turkish politics. They have introduced framing issues as human rights issues and paved the way in fostering a culture of minimum guarantees and protections that any individual ought to enjoy within the Turkish political community.}, language = {en} } @incollection{CalıErgun, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Ergun, Ay{\c{c}}a}, title = {Global Governance and Domestic Politics: Fragmented Visions}, series = {Criticising Global Governance}, booktitle = {Criticising Global Governance}, editor = {Lederer, Markus and Muller, Philipp S.}, publisher = {Palgrave-Macmillan}, publisher = {Hertie School}, pages = {161 -- 176}, language = {en} } @techreport{CalıMontaya, type = {Working Paper}, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Montaya, Mariana}, title = {The March of Universality? Religion-based Reservations to the core UN Treaties and what they tell us about human rights and universality in the 21st century}, series = {Policy Report}, volume = {May 2017}, journal = {Policy Report}, publisher = {Universal Rights Group (URG)}, address = {Versoix, Switzerland}, pages = {50 pages}, abstract = {The United Nations human rights treaties fulfil a central function in the global human rights promotion and protection system. By voluntarily acceding to those treaties, States bind themselves into a comprehensive framework of human rights obligations. Then, working in dialogue and cooperation with the Treaty Bodies set up to monitor and promote compliance with the treaties, States take steps over time to bring national laws, processes and practices into line with universal norms. However, when acceding to international human rights treaties,States often enter 'reservations' that limit, either generally or partially, the scope of application of the treaty in domestic law. So, for example, a State may make a general reservation to only accept obligations under a treaty insofar as those obligations are compatible with the tenets of a given religion; or may make a partial reservation to limit the application of a certain article of a convention. These reservations have a significant negative impact on the on-the-ground enjoyment of human rights. If a State does not consider itself fully bound by a treaty to which it is Party, or does not consider itself bound by a certain article(s) of that treaty,then it is unlikely to take the necessary steps, at domestic level,to fully respect, protect or promote the right(s) in question. Between 2014-2016, the Universal Rights Group (URG) led a major international project to map all reservations to the core human rights conventions, and to better understand the extent and nature of these key checks on the universality of human rights. As part of the project, the URG was particularly interested in identifying and analysing reservations that are - or appear to be - motivated by doubts, on the part of the reserving State,as to the compatibility of the treaty in question with certain religious or belief systems. URG's analysis found that questions over compatibility of treaties or treaty provisions with religious belief, doctrine or dogma,are by far the most frequent reason, justification or basis for States' decisions to enter reservations to the UN human rights treaties. Indeed, religion-based or religion-influenced reservations account for over 40\% of all reservations to the core international human rights treaties.}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {International Judicial Review}, series = {Handbook on Global Constitutionalism}, booktitle = {Handbook on Global Constitutionalism}, editor = {Lang Jr., Anthony and Wiener, Antje}, publisher = {Edward Elgar Publishing}, address = {Cheltanham, UK; Northampton, USA}, publisher = {Hertie School}, pages = {291 -- 304}, language = {en} } @incollection{CalıKoch, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Koch, Anne}, title = {Explaining compliance: lessons learnt from civil and political rights}, series = {Social rights judgments and the politics of compliance}, booktitle = {Social rights judgments and the politics of compliance}, editor = {Langford, Malcolm and Rodr{\´i}guez-Garavito, C{\´e}sar and Rossi, Julieta}, publisher = {Cambridge University Press}, address = {Cambridge, New York}, publisher = {Hertie School}, pages = {43 -- 74}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {A new doctrine on the block? The European Court of Human Rights and the responsible courts doctrine}, series = {International Law and... Select Proceedings of the European Society of International Law}, volume = {5}, booktitle = {International Law and... Select Proceedings of the European Society of International Law}, editor = {Reinisch, August and Footer, Mary E. and Binder, Christina}, publisher = {Hart Publishing}, publisher = {Hertie School}, pages = {67 -- 78}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {The Legitimacy of International interpretive authorities for Human Rights treaties: An indirect-instrumentalist defence}, series = {The Legitimacy of International Human Rights Regimes}, booktitle = {The Legitimacy of International Human Rights Regimes}, editor = {F{\o}llesdal, Andreas and Schaffer, Johan Karlsson and Ulfstein, Geir}, publisher = {Cambridge University Press}, address = {Cambridge, New York}, isbn = {978-1-107-03460-0}, doi = {10.1017/CBO9781139540827.006}, publisher = {Hertie School}, pages = {141 -- 164}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Specialized Rules for Treaty Interpretation: Human Rights}, series = {The Oxford Guide to Treaties}, booktitle = {The Oxford Guide to Treaties}, editor = {Hollis, Duncan B.}, publisher = {Oxford University Press}, address = {Oxford}, publisher = {Hertie School}, pages = {525 -- 550}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {From Bangladesh to responsibility to protect: the legality and implementation criteria for humanitarian intervention}, series = {The Delivery of Human Rights}, booktitle = {The Delivery of Human Rights}, editor = {Gilbert, Geoff and Hampson, Francoise and Sandoval, Clara}, publisher = {Routledge}, address = {New York}, publisher = {Hertie School}, pages = {228 -- 244}, language = {en} } @misc{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {Theories of International Relations in International Law}, series = {International Law for International Relations}, journal = {International Law for International Relations}, publisher = {Oxford University Press}, address = {Oxford}, pages = {464}, abstract = {The breadth of international law and institutions in contemporary global politics means it is no longer possible to make sense of international politics without understanding international law. International Law for International Relations provides students with comprehensive coverage that maps out the different ways to approach the study of international law. It explains the institutions and main sources of international law-making and identifies the key topics of international law. This is the ideal text for students of international relations who have not previously studied law and post-graduate students of any background tackling international law for the first time. The complexities of international law are presented in an accessible, animated way allowing students to appreciate the significance of international law in international relations.}, language = {en} } @incollection{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {International Human Rights Law}, series = {International Law for International Relations}, booktitle = {International Law for International Relations}, editor = {{\c{C}}al{\i}, Ba{\c{s}}ak}, publisher = {Oxford University Press}, address = {Oxford}, publisher = {Hertie School}, pages = {281 -- 305}, language = {en} } @incollection{CalıGriffin, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Griffin, Elizabeth}, title = {International Humanitarian Law}, series = {International Law for International Relations}, booktitle = {International Law for International Relations}, editor = {{\c{C}}al{\i}, Ba{\c{s}}ak}, publisher = {Oxford University Press}, address = {Oxford}, publisher = {Hertie School}, pages = {234 -- 257}, language = {de} } @incollection{CalıRodley, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and Rodley, Nigel}, title = {Use of force in international law}, series = {International law for international relations}, booktitle = {International law for international relations}, editor = {{\c{C}}al{\i}, Ba{\c{s}}ak}, publisher = {Oxford University Press}, address = {Oxford}, publisher = {Hertie School}, pages = {213 -- 233}, language = {en} } @article{Calı, author = {{\c{C}}al{\i}, Ba{\c{s}}ak}, title = {On Einsteinian waves, international law and national hats: Afterword to the Foreword by Doreen Lustig and J. H. H. Weiler'}, series = {International Journal of Constitutional Law}, volume = {17}, journal = {International Journal of Constitutional Law}, number = {1}, doi = {https://doi.org/10.1093/icon/moz022}, pages = {24 -- 30}, language = {en} } @incollection{CalıMcGregorElibol, author = {{\c{C}}al{\i}, Ba{\c{s}}ak and McGregor, Lorna and Elibol, Zeynep}, title = {The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law}, series = {Human Rights in Other International Courts}, booktitle = {Human Rights in Other International Courts}, editor = {Scheinin, Martin}, publisher = {Cambridge University Press}, address = {Cambridge}, doi = {10.1017/9781108584623.003}, publisher = {Hertie School}, pages = {62 -- 86}, language = {en} }