Uluslararası Hukukta Metodoloji Sorunsalı: Kısa Bir Giriş
Journal Title: Journal of International Law and Diplomacy Society - Year 2022, Vol 1, Issue 1
Abstract
Is international law universal? For someone to answer “yes” to this question, international law needs to touch on issues that concern the international community. So, is that really the case? In other words, does international law cover everyone and everything from health to economy, from the environment to human rights? If we consider international law only through the lens of normativity, it is unlikely that we can give a positive answer to this question. The way to answer "yes" to this question goes through the methodology. Therefore, the methodologies to be determined for research in international law should be diverse. Perspectives and frameworks employed in social sciences, behavioural sciences, and even medicine must be available to an international lawyer. Considering the practice, normativity predominates, particularly in Turkish literature, and the multidisciplinary approach is not common accordingly. The root of this problem is not only in international law but in law in general. The purpose of this paper is to point out the ongoing methodological problem in international law. Bringing new perspectives to international law and international lawyers who cannot go beyond normativity will be instrumental in fulfilling the mission of international law.
Authors and Affiliations
Sezai ÇAĞLAYAN
İstanbul Sözleşmesinin Feshedilmesinin Hukuki Boyutu
The Istanbul Convention, which consists of 81 articles and an additional article in the form of privileges and immunities, is the form of a contract by expanding and updating there commendation of the Committee of Mi...
Implementing Competition Policy to Enhance Public Health in Developing Countries
Patents must be made available in all fields of technology. However, this makes the supply of affordable medicines to the public a challenging duty for developing countries in the post-Agreement On Trade-Related Aspect...
Uluslararası Hukukta Metodoloji Sorunsalı: Kısa Bir Giriş
Is international law universal? For someone to answer “yes” to this question, international law needs to touch on issues that concern the international community. So, is that really the case? In other words, does int...
Vatandaş Olmayan Kişilerin Ülkeden Sınır Dışı/İade Edilme Kararlarına Karşı Anayasa Mahkemesi’nin Yaklaşımı
Turkey has faced various immigration waves in recent years. These people, who have fled their country collectively or individually, come to our country with a request for asylum. The deportation/extradition decisions o...