TY - EDBOOK A1 - Çalı, Başak A1 - Meckled-García, Saladin T1 - The Legalisation of Human Rights BT - Multidisciplinary Perspectives on Human Rights and Human Rights Law KW - Human rights Y1 - 2006 SN - 978-0415361231 PB - Routledge CY - London ER - TY - JOUR A1 - Çalı, Başak A1 - Ghanea, Nazila A1 - Jones, Benjamin T1 - Big Promises, Small Gains: Domestic Effects of Human Rights Treaty Ratification in the Member States of the Gulf Cooperation Council JF - Human Rights Quarterly N2 - In recent years, the Gulf Cooperation Council (GCC) states have been in-creasingly willing to ratify United Nations human rights instruments. This article examines the underlying rationales for these ratifications and the limited range and drivers of subsequent domestic reforms post ratification. Drawing on both a quantitative analysis of engagement with the UN treaty bodies and Charter-based mechanisms in over 120 UN reports and qualitative interviews with over sixty-five government officials, members of civil society, National Human Rights Institutions, lawyers, and judges from all six states, this article argues that in the GCC states, UN human rights treaty ratification results from a desire to increase standing in the international community. Treaty ratification has limited effects driven by international socialization and cautious leadership preferences. Y1 - 2016 U6 - https://doi.org/10.1353/hrq.2016.0017 SN - 1085-794X VL - 38 IS - 1 SP - 21 EP - 57 ER - TY - JOUR A1 - Çalı, Başak T1 - Comparing the support of the EU and the US to international human rights law qua international human rights law: Worlds too far apart? JF - International Journal of Constitutional Law N2 - Support for international human rights law (IHRL) is one area where most international lawyers would have a hunch that the European Union fares better than the United States overall. In this article I focus on Pollack’s dependent variable, “support” for international law, and its four dimensions: leadership, commitment, compliance, and internalization and investigate this hunch. I find that the conventional contrast between the US and the EU with regard to their support for IHRL is valid, with respect to political support for IHRL, but less so for judicial support. I argue that the marked differences between the EU and the US in the field of political support for IHRL are best explained by the thickness of the institutional human rights regime with respect to EU member states In the case of judicial support, the CJEU shares with the US Supreme Court the reflex of protecting its own constitutional autonomy, despite the comparatively better legal resources at its disposal to support IHRL. Y1 - 2015 U6 - https://doi.org/10.1093/icon/mov058 SN - 1474-2659 VL - 13 IS - 4 SP - 901 EP - 922 PB - Oxford University Press ER - TY - JOUR A1 - Çalı, Başak A1 - Koch, Anne T1 - Foxes Guarding the Foxes? The Peer Review of Human Rights Judgments by the Committee of Ministers of the Council of Europe JF - Human Rights Law Review N2 - This article investigates the reliability of the peer review of human rights judgments by the Committee of Ministers of the Council of Europe. It argues that, even if composed of politically motivated actors, the Committee is not to be dismissed too cursorily as a deficient and unreliable system of compliance monitoring. Evidence shows that formal and informal institutional constraints, in particular the presence of a strong Secretariat, constrain the propensity to bargain amongst Council of Europe diplomats acting as peers when monitoring the implementation of judgments of the European Court of Human Rights. Our finding runs contrary to the proposition that Europe constitutes a special case of cultural convergence around respect for international human rights law. The article further argues that hybrid models of compliance monitoring which combine political as well as judicial and technocratic elements may be more effective in facilitating human rights compliance than direct international court orders or expert recommendations. KW - state peer review KW - monitoring compliance with judgments KW - European Convention on Human Rights KW - European Court of Human Rights KW - Committee of Ministers of the Council of Europe KW - Department for the Execution of Judgments of the European Court of Human Rights Y1 - 2014 U6 - https://doi.org/https://doi.org/10.1093/hrlr/ngu007 SN - 1744-1021 VL - 14 IS - 2 SP - 301 EP - 325 PB - Oxford Academic ER - TY - JOUR A1 - Çalı, Başak A1 - Koch, Anne A1 - Bruch, Nicola T1 - The social legitimacy of Human Rights Courts: a grounded interpretivist analysis of the European Court of Human Rights JF - Human Rights Quarterly N2 - This article offers an empirically grounded interpretivist theory of the social legitimacy of the European Court of Human Rights based on domestic judicial and political elite accounts of the legitimacy of the Court in Turkey, Bulgaria, United Kingdom, Ireland and Germany. The central argument of the article is that the social legitimacy of the European Court of Human Rights is based on a constant comparison between the values and goals of domestic institutions and the values and goals of the European Court of Human Rights. More specifically, the social legitimacy of the European Court of Human Rights is grounded in the logic of a fair compromise: What actors think they lose by according legitimacy to the European Court of Human Rights must be balanced by what they perceive to gain in return. Three factors organise how actors in different domestic settings struck a fair compromise in their domestic contexts: a) perception of domestic human rights conditions, b) commitment to cosmopolitan ideals of human rights and international law and c) commitment to domestic institutions. KW - European Court of Human Rights KW - legitimacy KW - elite opinion KW - interpretivism Y1 - 2013 U6 - https://doi.org/10.1353/hrq.2013.0057 SN - 1085-794X VL - 35 IS - 3 SP - 955 EP - 984 PB - The Johns Hopkins University Press ER - TY - JOUR A1 - Çalı, Başak T1 - The Logics of Supranational Human Rights Litigation, Official Acknowledgment, and Human Rights Reform: The Southeast Turkey Cases before the European Court of Human Rights, 1996-2006 JF - Law and Social Inquiry N2 - This article examines the domestic impact of supranational human rights litigation on acknowledgment of state violence in the context of macroprocesses of global governance. The article's argument is that the impact of supranational human rights litigation on the process of acknowledgment must be seen through counternarratives on state violence. The article undertakes a detailed textual analysis of the truth claims and denial strategies that emerged from the European Court of Human Rights proceedings on state violence during Turkey's struggle against the armed group the Kurdistan Workers Party (PKK). It assesses these in the context of the human rights reforms that were created following pressure from European-level governance processes. The article argues that attention must be paid to agency in acknowledgment and truth-telling processes, and points to the limits of technical-bureaucratic forms of human rights reform interventions in the context of state violence. KW - Human rights KW - European Court of Human Rights KW - Terrorism KW - Law reform KW - Litigation KW - Government reform KW - Social law KW - European Council KW - Torture Y1 - 2010 U6 - https://doi.org/10.1111/j.1747-4469.2010.01187.x SN - 1747-4469 VL - 35 IS - 2 SP - 311 EP - 337 ER - TY - JOUR A1 - Çalı, Başak T1 - On Interpretivism and International Law JF - European Journal of International Law N2 - This article argues for the relevance of interpretivism within theoretical and normative debates about international law. To do this, the article carries out two tasks. First, it draws out the central features of interpretivism that make it a theoretically distinct contribution to understanding the nature and theory of law. Secondly, it identifies four important objections, two external and two internal, to the relevance of interpretivism to international law. External objections stem from positivism and anti-essentialism about international law. Internal objections, on the other hand, stem from the view that international law does not suit the application of interpretivism. I show that it is possible to counter all four and conclude by pointing to the nature of future work that needs to be undertaken to develop a substantive interpretivist account of international law. Y1 - 2009 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-22561 U6 - https://doi.org/10.1093/ejil/chp038 SN - 1464-3596 VL - 20 IS - 3 SP - 805 EP - 822 ER - TY - JOUR A1 - Çalı, Başak T1 - The Purposes of the European Human Rights System: One or Many? JF - European Human Rights Law Review Y1 - 2008 SN - 1361-1526 VL - 3 SP - 299 EP - 306 ER - TY - BOOK A1 - Çalı, Başak T1 - The Authority of International Law BT - Obedience, Respect and Rebuttal N2 - This book tackles an old, but ever relevant question: does international law enjoy legal authority over domestic orders? If so, what is the form and extent of the authority of international law? The book answers the first question in the positive. International law enjoys authority over domestic political and judicial organs. Such authority, however, has sui generis characteristics. It may not be conclusive authority. It may also not demand blind obedience. What international law demands at the very least is minimalist deference. The book answers the second question by holding that each and every international law does not make identical claims to authority. What form and extent of authority international law enjoys depends on whether a particular international law imposes a strong, a weak, or a rebuttable duty. The duty of a domestic judge and politician is to reflectively ask and engage with what kind of a duty she is engaged in when bringing the international law’s authority back home. The book has a decidedly practice-based and doctrinal approach to the questions it sets for itself. It demonstrates that realists, rationalists, and more recently democratic theorists have long attacked international lawyers. It is time to respond by offering a defence of the authority of international law and how it functions. KW - international law KW - legal authority KW - monism KW - dualism KW - constitutionalism KW - pluralism KW - rebuttable duties KW - minimalist deference KW - reflective doctrine Y1 - 2015 U6 - https://doi.org/10.1093/acprof:oso/9780199685097.001.0001 N1 - ISBN 9780199685097 PB - Oxford University Press CY - Oxford ER - TY - JOUR A1 - Çalı, Başak A1 - Rodley, Nigel S. T1 - Kosovo Revisited: Humanitarian Intervention on the Fault Lines of International Law JF - Human Rights Law Review N2 - The asserted doctrine of unilateral humanitarian intervention has given rise to considerable debate in international law. This article revisits the use of force in Kosovo to critically appraise this debate. The arguments for and against the doctrine are schematically compared and contrasted. Their differences are methodological, but underlying factors are relevant. These may include a conflict of values (notably, sovereignty versus human rights), but certainly involve deep disciplinary problems evidenced by confusing international legal terminology and, especially, the contradictions inherent in identifying and changing rules of general/customary international law. Three factors are considered as potentially helpful in bridging these fault lines: state practice (unavoidably), the stability of the international system and accountability. The latter two, at least, sit uncomfortably with unilateralism. Y1 - 2007 U6 - https://doi.org/10.1093/hrlr/ngm003 SN - 1744-1021 VL - 7 IS - 2 SP - 275 EP - 297 ER - TY - JOUR A1 - Çalı, Başak T1 - Balancing Human Rights? Methodological Problems with Weights, Scales and Proportions JF - Human Rights Quarterly N2 - This article takes issue with the argument that human rights are not absolute and should be balanced in relation to competing communal aims. The balancing of qualified human rights is a key practice of the European Court of Human Rights and a great deal depends on a clear analysis of the ramifications of balancing for our understanding of human rights aims. The author does not seek to propose an alternative to balancing, but aims to show that it is not necessarily coherent with human rights principles or the kinds of functions international human rights institutions are thought to perform. KW - ECHR KW - balancing KW - proportionality Y1 - 2007 U6 - https://doi.org/10.1353/hrq.2007.0002 SN - 1085-794X VL - 29 IS - 1 SP - 251 EP - 270 ER - TY - JOUR A1 - Çalı, Başak T1 - Bargaining Transnationalism: The European Court of Human Rights JF - Finnish Yearbook of International Law Y1 - 2004 VL - 15 SP - 111 EP - 128 ER - TY - CHAP A1 - Çalı, Başak ED - Langfort, Malcolm ED - Porter, Bruce ED - Brown, Rebecca ED - Rossi, Julieta T1 - Enforcement T2 - Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary Y1 - 2016 N1 - ISBN 9781920538507 SP - 391 EP - 415 PB - Pretoria University Law Press CY - Pretoria ER - TY - CHAP A1 - Çalı, Başak ED - Arnardóttir, Oddný Mjöll ED - Buyse, Antoine T1 - From Flexible to Variable Standards of Judicial Review: The Responsible Domestic Courts Doctrine at the European Court of Human Rights T2 - Shifting Centres of Gravity in Human Rights Protection: Rethinking relations between the ECHR, EU and national legal orders Y1 - 2016 U6 - https://doi.org/10.4324/9781315651125 N1 - ISBN 9781138121249 SP - 144 EP - 161 PB - Routledge CY - Basingstoke ER - TY - CHAP A1 - Çalı, Başak ED - Andreotti, Onur T1 - Does the remedy jurisprudence of the European Court of Human Rights do enough for media freedom? T2 - Journalism at Risk : Threats, Perspectives and Challenges Y1 - 2015 SN - 978-92-871-8120-6 SP - 81 EP - 104 PB - Council of Europe Publishing CY - Strasbourg ER - TY - CHAP A1 - Çalı, Başak ED - Føllesdal, Andreas ED - Schaffer, Johan Karlsson ED - Ulfstein, Geir T1 - The legitimacy of international interpretive authorities for human rights treaties: an indirect-instrumentalist defence T2 - The Legitimacy of International Human Rights Regimes: Legal, Political and Philosophical Perspectives Y1 - 2013 SN - 978-1-107-03460-0 U6 - https://doi.org/10.1017/CBO9781139540827.006 SP - 141 EP - 164 PB - Cambridge University Press CY - Cambridge ER - TY - JOUR A1 - Çalı, Başak A1 - Cunningham, Stewart T1 - Judicial Self Government and the Sui Generis Case of the European Court of Human Rights JF - German Law Journal Y1 - 2018 UR - https://nbn-resolving.org/urn:nbn:de:kobv:b1570-opus4-27434 VL - 19 IS - 7 SP - 1978 EP - 2006 ER - TY - JOUR A1 - Çalı, Başak A1 - Durmuş, Betül T1 - Judicial Self-Government as Experimental Constitutional Politics: The Case of Turkey JF - German Law Journal N2 - This article traces the evolution of judicial self-government practices (JSG) in Turkey and argues that the frequent changes in JSG are part of a broader trajectory of experimental constitutional politics. The Council for Judges and Prosecutors has experienced sharp turns since its establishment in 1961, respectively in 1971, 1982, 2010, 2014 and 2017.During this period, Turkey experienced different forms of judicial councils ranging from co-option, hierarchical and executive controlled judicial council models to a more pluralistic model. The Justice Academy of Turkey has also not been immune from this experimentalism. The article discusses the endogenous relationship between these often short-lived experiments of JSG and their impacts on the independence, accountability, and legitimacy of the judiciary and public confidence in the judiciary. The article then turns to the repercussions of JSG on separation of powers and democratic principle. It focuses on the implications of the ambiguous position of the Council in the state structure for the separation of powers, and the revived debate on democratic legitimacy of JSG after the 2017 constitutional amendments. Y1 - 2018 U6 - https://doi.org/10.1017/S2071832200023208 VL - 19 IS - 7 SP - 1672 EP - 1706 ER - TY - JOUR A1 - Çalı, Başak T1 - Explaining Variation in the Intrusiveness of Regional Human Rights Remedies in Domestic Orders JF - International Journal of Constitutional Law N2 - Regional human rights systems vary with respect to the intrusiveness of human rights remedies into the domestic orders of states from a spectrum of more intrusive remedies in the Americas to less intrusive remedies in Europe. This article identifies three potential explanations as to why the intrusiveness of human rights remedies varies across the three regional systems: (i) the legal design explanation, (ii) the case-history explanation, and (iii) the legal culture explanation. The article argues that of these competing explanations, the legal culture explanation fares better than the other contenders in accounting for variation in the intrusiveness of remedies over time. The other two explanations, however, are also of use. The legal design explanation accounts for why the courts in the Americas and Africa are more amenable to intrusive remedies. The case-history explanation is able to explain sudden bursts of intrusive remedies in all three regions. Y1 - 2018 U6 - https://doi.org/10.1093/icon/moy009 VL - 16 IS - 1 SP - 214 EP - 234 ER - TY - JOUR A1 - Çalı, Başak A1 - Madsen, Mikael Rask A1 - Viljoen, Frans T1 - Comparative Regional Human Rights Regimes: Defining a Research Agenda JF - International Journal of Constitutional Law N2 - This article introduces the Comparative Regional Human Rights Regimes Symposium which marks a first attempt at a regime-level comparative analysis of the three main regional human rights courts and commissions. It does so with the aim of laying out why regime level comparative analysis matters and why access, interpretation and remedies offer core markers of a comparative research agenda. The article identifies three distinct contributions that regional comparison makes to comparative international human rights law. First, it allows us to go beyond the binary form that is prevalent in comparative human rights law scholarship that most often juxtaposes (selected elements of) the European and Inter-American human rights regimes, and less frequently the African-Inter-American, or African-European human rights regimes. Second, a comparative research agenda goes beyond existing scholarship on regional comparison that has been largely descriptive in character. Taking a holistic approach to regional human rights regimes, comparisons can be made over time and dynamics of divergences and convergences can be identified and explained. Third, a comparative research agenda allows us to locate regional human rights regimes as part of a more general global evolution of law and institutions. That is, through comparison, we are better placed to evaluate how regional human rights courts and commissions are inscribed in a broader development of regional and international law since the aftermath of World War II. Y1 - 2018 U6 - https://doi.org/10.1093/icon/moy008 VL - 16 IS - 1 SP - 128 EP - 135 ER -