TY - CHAP A1 - Çalı, Başak A1 - Turkut, Emre T1 - Turkey: Pandemic Governance and Executive Aggrandisement T2 - Routledge Handbook of Law and the COVID-19 Pandemic N2 - The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 - and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies. Y1 - 2022 SN - 9781032078854 PB - Routledge ER - TY - JOUR A1 - Çalı, Başak A1 - Demir-Gürsel, Esra T1 - The Council of Europe’s Responses to the Decay of the Rule of Law and Human Rights Protections: A Comparative Appraisal JF - European Convention on Human Rights Law Review N2 - This article introduces the Special Issue on ‘The Responses of the Council of Europe to the Decay of the Rule of Law and Human Rights Protections’. The Council of Europe (CoE), a unique international organisation with its commitment to protect and promote human rights, the rule of law, and democracy, has been severely tested by the spread and consolidation of trends posing systemic threats to its foundational goals. The authors of this Special Issue assess how the European Court of Human Rights, the Venice Commission, the Parliamentary Assembly, the Committee of Ministers, and the office of the Secretary General have addressed systemic threats to the foundational principles of the organisation in the last decade. The Special Issue finds that the respective legal-institutional features and capacities of the CoE organs as well as the constraining influence of the broader political context in Europe on them vary significantly, hampering the CoE’s ability to produce timely, consistent, and co-ordinated responses against systemic threats. KW - democratic backsliding KW - Council of Europe KW - European Court of Human Rights KW - Venice Commission KW - Parliamentary Assembly of the Council of Europe Y1 - 2021 U6 - https://doi.org/10.1163/26663236-bja10027 SN - 2666-3236 VL - 2 IS - 2 SP - 165 EP - 179 ER - TY - JOUR A1 - Çalı, Başak T1 - How Loud Do the Alarm Bells Toll? Execution of ‘Article 18 Judgments’ of the European Court of Human Rights JF - European Convention on Human Rights Law Review N2 - This article investigates whether Article 18 judgments of the European Court of Human Rights, indicating that the state authorities pursued ulterior and illegitimate motives when violating the Convention, receive the seriousness and the urgency that they call for at the execution phase. By way of an analysis of the responses of the Committee of Ministers and states on the receiving end of Article 18 judgments between 2004 and June 2021, this article finds that the collective responsiveness of the Committee of Ministers to Article 18 judgments has increased over time, especially with respect to individual measures required to implement Article 18 judgments. So far, the responsiveness of individual states to their Article 18 judgments does, however, vary significantly, ranging from taking concrete steps to implement the judgments to outright resistance and no response, posing a significant risk to the Convention system’s ability to respond to the decay of rule of law. Y1 - 2021 U6 - https://doi.org/10.1163/26663236-bja10024 SN - 2666-3228 ER - TY - JOUR A1 - Çalı, Başak T1 - ‘To me, fair friend, you can never be old´, William Shakespeare, ´Sonnet 104´: ECHR at 70. Rudolf Bernhardt Lecture, 2020 JF - Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law N2 - This article undertakes a survey of the changes in the structure of the interpretive doctrines of the European Court of Human Rights (the Court) over time in an exploration of the aging of the European Convention on Human Rights (ECHR or the Convention) on its 70th anniversary. It argues that the Court’s interpretive doctrines that seek to give due defer ence to national rights traditions, canons and institutions have become increasingly pervasive in the Court’s procedural and substantive case law in the last two decades. This, in particular, has come at a loss for interpretative doctrines that interpret the Convention as a practical and effective living pan-European instrument. This argument is built in four parts. First it offers a defence of why a study of the interpretive doctrines of the Court over time is a good proxy for studying the ECHR’s ageing process. In the second part, it discusses the rich doctrinal forms of due deference and effective interpretation in the case law of the Court – both young and mature. Part three explains how the judicialisation and expansion of the European human rights system in late 1990 s transitioned to a more height ened and sophisticated focus on due deference doctrines in the Court’s case law. Finally, part four examines whether the recent judicial innovations under the Court’s Article 18 case law and the widely celebrated success of increased ownership of the Convention by domestic courts can act as counter points to the argument that the effective interpretation principle has suffered a loss as the Convention has aged, concluding that none of this may offset the fact that the Convention at 70 is more conservative in spirit than its younger self. KW - European Convention on Human Rights KW - European Court of Human Rights KW - effective interpretation KW - due deference Y1 - 2021 UR - https://www.nomos-elibrary.de/10.17104/0044-2348-2021-4/zeitschrift-fuer-auslaendisches-oeffentliches-recht-und-voelkerrecht-heidelberg-journal-of-international-law-volume-81-2021-issue-4 U6 - https://doi.org/10.17104/0044-2348-2021-4-895 SN - 0044-2348 VL - 81 IS - 4 SP - 895 EP - 916 ER - TY - CHAP A1 - Çalı, Başak T1 - UN treaty body views: a distinct pathway to UN human rights treaty impact? T2 - A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns Y1 - 2022 UR - https://www.pulp.up.ac.za/latest-publications/321-essays-in-honour-of-the-lives-and-legacies-of-christof-heyns SN - 9781991213143 SP - 443 EP - 459 PB - Pretoria University Law Press (PULP) CY - Pretoria ER - TY - JOUR A1 - Raiser, Kilian A1 - Flachsland, Christian A1 - Çalı, Başak T1 - Understanding pledge and review: learning from analogies to the Paris Agreement review mechanisms JF - Climate Policy N2 - This article draws lessons for the effectiveness of the Paris Agreement’s pledge and review mechanisms from the performance of comparable review mechanisms established under other international treaties. The article employs systematic evidence synthesis methods to review the existing literature on international review mechanisms in the human rights, trade, labour, and monetary policy fields and identifies six common factors influencing their performance. Applying these findings to the Paris Agreement, the analysis finds that its review mechanisms incorporate many of these factors. In particular, they combine both expert and peer review, allow for repeated interaction and capacity building, and facilitate the regular and transparent provision of information. The comparative analysis also highlights two major deficiencies of the Paris Agreement: the absence of procedures to assess the adequacy of national pledges and actions taken to implement them, and resource constraints in carrying out a complex and arduous review process. Active engagement of non-state actors with review mechanisms is identified as a potential remedy to these shortcomings. However, the overall experience of other regimes suggests that, on their own, review mechanisms provide few incentives for states to undertake significant policy changes. Rather, the political context of each regime conditions the performance of review mechanisms. We therefore conclude that the Paris Agreement’s review mechanisms alone are unlikely to bring about the necessary ratcheting up of climate policy ambitions. Y1 - 2022 U6 - https://doi.org/10.1080/14693062.2022.2059436 N1 - This is a post-peer-review, pre-copyedit version of an article published in Climate Policy. The final authenticated version is available online at: https://doi.org/10.1080/14693062.2022.2059436 SP - 1 EP - 25 ER -