State immunity in Turkish law: an analysis of the doctrine of state immunity in the light of the decisions of the Turkish Court of Cassation

Download

index.pdf

Date

2012

Author

Kök, İdil Buse

Metadata

Show full item record

Item Usage Stats

235
views

86
downloads

State immunity is a doctrine of international law, regulating a cluster of exceptions to the legal authority of the territorial state. According to the doctrine; acts, possessions and heads of a foreign state are not subject to the domestic justice system in an individual state. Traditionally, the doctrine builds on the concept of sovereignty, which is the regulating principle of the international normative order: since all sovereigns are equal, a sovereign cannot possibly be called to account before the authority of another sovereign. The inviolability of foreign state acts in this form is often referred to as “absolute immunity.” In time the doctrine has been transformed into a more “restrictive” form, which leaves out commercial or private-law transactions of states (iure gestionis), granting immunity to the acts of foreign states in terms of sovereign or political acts only (iure imperii). This study traces the transformation of the doctrine in the Turkish law from absolute to restrictive immunity through an examination of a number of relevant verdicts made by the Turkish Court of Cassation with a view to provide an account of the doctrine as understood in Turkey presently.

Subject Keywords

Privileges and immunities, Constitutional law, Administrative law, Public law, Government liability, Political questions and judicial power

URI

http://etd.lib.metu.edu.tr/upload/12615281/index.pdf
https://hdl.handle.net/11511/22232

Collections

Graduate School of Social Sciences, Thesis

Suggestions

OpenMETU
Core

International law on states arming non-state groups in other states Güneş, Burak; Polat, Necati; Department of International Relations (2019) This thesis looks into states arming non-state groups in other states, seeking to offer an evaluation of the case under the current international law. To this end, the work advances a theoretical account of the issue, highlighting some of the paradoxes constitutive of its handling in the modern doctrine. Specifically, it critiques the main unquestioned assumptions of this doctrine by adopting the Critical Legal approach introduced by Koskenniemi. Next, the work moves on to the prohibition of the unilateral ...
Political economy of labour law in Turkey : work employment and international division of labour Özdemir, Ali Murat; Yalman, Osman Galip; Department of Political Science and Public Administration (2004) This thesis aims to evaluate the Turkish Labour Law on the basis of a new approach to legal studies that follow the internal tendency of legal science to resolve its own problem, which is that of convincingly defining the point of contact between norm and fact (form and content), materially connecting the juridical organisation of power with the social structuring of power, while avoiding both formalist and positivist deviations. Against this background, the thesis aims to assess the correlation between the...
Changing principles of international water law in Central Asia: Addressing the crisis, from customary practice to virtual water footprints Arynova, Aigul; Kahveci Özgür, Hayriye; Sustainable Environment and Energy Systems (2019-6) Laws regulating transboundary water allocation in Central Asia discriminate water interests of upperstream states and contribute to the excessive water use by downstream states. The present research studies water conflict in Central Asia emphasizing the changing impacts of international water law and its cardinal principle, the equitable and reasonable utilization (ERU). A review of the main water regime which had developed in Central Asia including agreements signed following the USSR’s collapse is conduct...
Harmonisation in european union on industrial property rights protection procedures : effects on Turkey within the framework of customs union Demirdağ, Serap; Aşçıoğlu Öz, Gamze; Department of European Studies (2004) This thesis aims at answering two questions under the topic of Harmonisation of Industrial Property Rights Protection Procedures in the European Union. The questions researched are: أWhat are the current systems of Industrial Property Rights protection in the world, in the European Union and Turkey?ؤ and أIs there a way for Turkey to be included within the EU Industrial Property protection system in the future while still being under the relation of Customs Union?ؤ. To answer these questions current systems...
Sexual Minority Public Officials' Dismissals Based on Disgraceful and Shameful Act Under Public Officials Laws Altay, Selin; Tokluoğlu, Ayşe Ceylan; Uygur, Gülriz; Department of Gender and Women's Studies (2022-12-30) Law as a state apparatus uses oppression to legitimize itself. This oppression can be the result of certain provisions direct impact on an individual, but it can also be the result of the uncertainty that is created by a provision. Legal certainty is a principle that is accepted not just by jurisprudence in Turkey but by every legal culture around the world. Legal certainty entails that the individual subjected to law should know which concrete action and phenomenon are subject to which legal sanctions or c...

Citation Formats

İ. B. Kök, “State immunity in Turkish law: an analysis of the doctrine of state immunity in the light of the decisions of the Turkish Court of Cassation,” M.S. - Master of Science, Middle East Technical University, 2012.