TY - GEN A1 - Çalı, Başak T1 - International Law for International Relations KW - International law KW - International relations Y1 - 2009 SN - 9780199558421 PB - Oxford University Press CY - Oxford ER - TY - GEN 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 - http://nbn-resolving.de/urn/resolver.pl?urn:nbn:de:kobv:b1570-opus4-22561 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 - RPRT A1 - Costello, Cathryn A1 - Groenendijk, Kees A1 - Halleskov Storgaard, Louise T1 - Realising the Right to Family Reunification of Refugees in Europe N2 - This issue paper examines family reunification for refugees as a pressing human rights issue. Without it, refugees are denied their right to respect for family life, have vastly diminished integration prospects and endure great additional unnecessary suffering, as do their family members. The Commissioner for Human Rights calls on all Council of Europe member states to uphold their human rights obligations and ensure the practical effectiveness of the right to family reunification for refugees and other international protection beneficiaries. To do so, states should (re-)examine their laws, policies and practices relating to family reunification for refugees. This issue paper contains 36 recommendations to that end. Y1 - 2017 UR - http://www.refworld.org/docid/5a0d5eae4.html ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Moreno-Lax, Violeta T1 - Implementation of the 2015 Council Decisions establishing provisional measures in the area of international protection for the benefit of Italy and of Greece N2 - This study, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee, examines the EU’s mechanism of relocation of asylum seekers from Greece and Italy to other Member States. It examines the scheme in the context of the Dublin System, the hotspot approach, and the EU-Turkey Statement, recommending that asylum seekers’ interests, and rights be duly taken into account, as it is only through their full engagement that relocation will be successful. Relocation can become a system that provides flexibility for Member States and local host communities, as well as accommodating the agency and dignity of asylumseekers. This requires greater cooperation from receiving States, and a clearer role for a single EU legal and institutional framework to organise preference matching and rationalise efforts and resources overall. Y1 - 2017 UR - http://www.europarl.europa.eu/RegData/etudes/STUD/2017/583132/IPOL_STU(2017)583132_EN.pdf ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta T1 - Enhancing the Common European Asylum System and Alternatives to Dublin N2 - Upon request by the LIBE committee, this study examines the reasons why the Dublin system of allocation of responsibility for asylum seekers does not work effectively from the viewpoint of Member States or asylum-seekers. It argues that as long as it is based on the use of coercion against asylum seekers, it cannot serve as an effective tool to address existing imbalances in the allocation of responsibilities among Member States. The EU is faced with two substantial challenges: first, how to prevent unsafe journeys and risks to the lives of people seeking international protection in the EU; and secondly, how to organise the distribution of related responsibilities and costs among the Member States. This study addresses these issues with recommendations aimed at resolving current practical, legal and policy problems. Y1 - 2015 UR - http://www.europarl.europa.eu/RegData/etudes/STUD/2015/519234/IPOL_STU%282015%29519234_EN.pdf ER - TY - RPRT A1 - Guild, Elspeth A1 - Costello, Cathryn A1 - Garlick, Madeline A1 - Moreno-Lax, Violeta A1 - Mouzourakis, Minos T1 - New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection N2 - Upon request by the LIBE committee, this study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and guarantee the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Y1 - 2014 UR - http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2014)509989 ER - TY - RPRT A1 - Kaytaz, Esra A1 - Costello, Cathryn T1 - Building Empirical Research into Alternatives to Detention: Perceptions of Asylum-Seekers and Refugees in Toronto and Geneva N2 - Recent research in Toronto and Geneva indicates that asylum seekers and refugees are predisposed to be cooperative with the refugee status determination (RSD) system and other immigration procedures, and that the design of alternatives to detention can create, foster and support this cooperative predisposition – or can undermine or even demolish it. Y1 - 2013 UR - http://www.fmreview.org/detention/costello-kaytaz ER - TY - RPRT A1 - Lazarus, Liora A1 - Costello, Cathryn A1 - Ghanea, Nazila A1 - Zeigler, Katja T1 - Report on the evolution of Fundamental Rights Charters and Caselaw: A comparison of the EU, Council of Europe and UN Systems N2 - This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system. Y1 - 2011 UR - https://www.europarl.europa.eu/RegData/etudes/etudes/join/2011/432755/IPOL-AFCO_ET(2011)432755_EN.pdf ER - TY - RPRT A1 - Costello, Cathryn T1 - Report on Improving the Quality and Consistency of Asylum Decisions in the Council of Europe Member States N2 - There are important shortcomings in terms of quality and consistency of the asylum decisions taken in the Council of Europe member states. As evidence of this, in 2007 acceptance rates varied considerably between 1% and 39% in countries receiving significant numbers of asylum seekers. The situation was even more dramatic when looking at certain specific groups of asylum seekers. For example, again in 2007, the acceptance rates for Iraqis seeking protection in Europe varied between 0 and 81%. The very low recognition rates in certain countries, or for certain groups of asylum seekers, may be due to difficulties in accessing the asylum process, poor procedural safeguards in the asylum proceedings, restrictive and divergent interpretation of eligibility criteria, lack of objective and reliable country of origin information, poor evidential assessment, in particular the culture of disbelief in asylum adjudication, political pressure, lack of training of the relevant authorities and their personnel, or a combination of these factors. The Committee of Ministers of the Council of Europe should be invited to prepare guidelines to address the difficulties outlined above. These guidelines should encourage Council of Europe member states to develop higher standards of protection, based on their own domestic standards of human rights or humanitarian impulse, reflecting the nature of the European Convention on Human Rights as a pan-European minimum standard. Furthermore the Committee of Ministers should consider a mechanism for monitoring the quality and consistency of asylum decisions, and to facilitate this task, consider guidelines on harmonisation of asylum data across Council of Europe member states, taking into account work already carried out at by the European Union. The Committee of Ministers should also review the asylum curriculum in member states and develop training programmes, tools and data-bases of jurisprudence of asylum decisions across Europe. Finally, there is a pressing need for the Committee of Ministers to establish a new inter-governmentalCommittee with a permanent mandate to examine asylum and refugee issues to replace the work formerly carried out by the Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR). Y1 - 2009 UR - https://www.refworld.org/docid/4b2a47f62.html ER - TY - BOOK A1 - Bacik, Ivana A1 - Costello, Cathryn A1 - Drew, Eileen T1 - Gender InJustice: Towards the Feminisation of the Legal Professions? Y1 - 2003 SN - 0953497917 ER - TY - CHAP A1 - Costello, Cathryn ED - Lucey, Mary Catherine ED - Keville, Cathrina T1 - European Community Judicial Review in the Irish Courts - Scope, Standards and Separation of Powers T2 - Irish perspectives on EC law Y1 - 2003 SN - 978-1-85800-280-4 SP - 17 EP - 50 PB - Round Hall Ltd CY - Dublin ER - TY - BOOK A1 - Costello, Cathryn ED - Costello, Cathryn ED - Foster, Michelle ED - McAdam, Jane T1 - The Oxford Handbook of International Refugee Law N2 - The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law. Y1 - 2021 SN - 9780198848639 PB - Oxford University Press CY - Oxford ER -