In this issue, we feature a two-article dossier on the history of the state of emergency in Turke... more In this issue, we feature a two-article dossier on the history of the state of emergency in Turkey and, more broadly speaking, on the emergency powers of the Turkish state. The timing of this dossier has turned out to be apt, though perhaps tragically so. By the time this issue goes into print in October 2016, Turkey as a whole will have spent three months, since the July 15 coup attempt, under an exceptional legal regime. The state of emergency rule that had already been in force in the Kurdish southeast before July 15-the issue that motivated us to prepare a dossier on emergency and exception in the first place-has now become a nationwide regime with no end in sight. The dossier's articles, by Noémi Lévy-Aksu and Joakim Parslow, both introduce a historical perspective to the question of the state of emergency in Turkey. Lévy-Aksu focuses on the introduction-with the Ottoman Constitution of 1876-of the legal concept of the state of siege (idare-i örfiyye), concentrating on its political context as well as its initial practical applications. Parslow, on the other hand, focuses on early republican exceptional powers, and particularly on how those powers came to be legitimized by the work of professors of law. Although the articles deal with historical moments that are chronologically distant from the present day, they nonetheless offer invaluable insights for an understanding of Turkey's current predicament. Their value is certainly not limited to their contribution to an understanding of today. However, in a political climate where the dazzling speed and intensity of the present sometimes blinds us to its very history, we believe that these articles are especially significant for pointing out that this present indeed has its roots in the past. In this sense, both articles clearly show that recourse to exceptional measures is anything but exceptional in the history of Turkey. Since its early foundations, and arguably extending back to late Ottoman times, the state of Turkey has utilized the state of emergency as a legal tool to expand its powers and legitimize its use of violence. Not only do the institutional pathways suggest lines of continuity with current state practices, but also the manner in which the issues are discussed bear an eerie resemblance to current debates, as these articles highlight. In this regard, as well as in many others, the parallel that Parslow
Journal of International Relations and Development, 2016
The post-1980 global market reforms have created a massive wave of legal production. Competition ... more The post-1980 global market reforms have created a massive wave of legal production. Competition and antitrust legislationas well as agencies to oversee such lawshave been among the most important sediments of this wave of neoliberal institutional formation. In this article, I ask what we can infer about the declining import of territoriality given the institutionalisation of global, neoliberal competition regimes. Considering the practice of defining the 'relevant market' within competition law and economics, along with Michel Foucault's conceptualisation of neoliberalism, I argue that the notion of 'the market' emerges as a discursive tool to organise a complex and fluid network of relations within neoliberalism. This, I argue, calls for a look beyond territoriality as a strategy of sovereignty, looking further to forms and institutional grids that capture and organise networks in their fludity. 'The market' is one such authoritative grid.
Critics of European Union (EU) enlargement claim that new members could pose a serious challenge ... more Critics of European Union (EU) enlargement claim that new members could pose a serious challenge to the existing institutional balances within the EU and endanger future institutional deepening. Together with various enlargements since its inception in 1958, the EU has gone through numerous institutional changes that increasingly reflect its supranational character, although the European Community still contains intergovernmental elements. The most important dimension, which has evolved in this evolutionary process of the EU institutions, is the fine balance between small and large member states in terms of representation and power distribution. This is reflected, for example, in the European Commission, where the ten (relatively) small states are apportioned one commissioner and the remaining five large states two commissioners each.
This article explains the shift from an initially European-oriented and politically motivated com... more This article explains the shift from an initially European-oriented and politically motivated competition law, toward a U.S. style and aspiringly apolitical competition regime in Turkey. Translation is used as an analytic to capture the complex processes of such a shift. The article argues that this shift can be explained first by the broad turn toward the U.S. as a source of state expertise and knowledge production in the context of the Cold War. This broad historical dynamic could only be activated, however, by the emergence of a critical mass of policy entrepreneurs and state officials shifting the momentum of policy making away from national developmentalism toward neoliberalism. Such a critical juncture, formed essentially by a generational shift, has been decisive in changing the character of competition law regime in Turkey. A new generation of bureaucrats ended up translating competition in a way that furthers their political goals. This process has contributed to the strengthening of a certain type of competition law regime or network globally.
ABSTRACT:This article explores the question "what does the future hold for the globalization... more ABSTRACT:This article explores the question "what does the future hold for the globalization of law?" In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the masses who stand to lose from globalization. For such appeal to continue, authoritarian politicians cultivate antiglobalization rhetoric and practices. The end result is a move away from globalized relations and institutional connectedness between different national legal systems. The similarity of the grammar out of which such authoritarianism is produced in various different national contexts, however, urges us to reflect on the globalized relations that structure such similarity. Second, the rise of authoritarian tendencies in domestic and supranational institutions, particularly in the name of political and economic emergency, may bring about a level of legal uniformity and thus globalization of law. I suggest, however, that what globalizes in such context is an essentially instrumentalized version of law, and a deeper reflection on "what globalizes?" is required as well as whether it could properly be called "law." Third, as an extension of the second point, this article focuses on neoliberalism as the broad political economic background that informs the globalization of law in the post-1980 period. I suggest that the instrumentalization of law, both domestically and internationally, is rendered possible by the fact that, under a neoliberal economic way of thinking and practice, economization spreads to all spheres of life and renders other institutional settings adjunct to itself. Such instrumentalization also includes the law and takes away from the power of this institutional field.
"The biggest chunk of my job involves translation; I am, for all intents and purposes, a translat... more "The biggest chunk of my job involves translation; I am, for all intents and purposes, a translator," said Arif Asya, 1 a Turkish corporate lawyer who was part of a roundtable in the Regulatory Translations workshop we held in Istanbul in May 2013. Being a corporate lawyer and working for foreign clients, as well as local ones, he argued, put him in situations where he had to actively engage in cultural and linguistic translations. At times, he needed to translate the business context and local sensitivities to a foreign client, a process that included, in his words, "selective translations," which effectively meant nontranslations. Sometimes, he needed to translate local laws to local clients because such laws, having been distilled not only from Ottoman and Turkish history, but also from Roman and German law, contained quite arcane language. Asya's intervention as a practicing corporate lawyer-translator in an otherwise academic setting was a powerful reminder that as scholars we also, to some extent, are engaged in constant processes of translation. For in the workshop where earlier versions of the papers in this collection were presented, participants not only used the concept of "translation" as an analytic in their respective projects, but also performed constant translation-work, as we all came from rather diverse academic and professional backgrounds, ranging from [End Page 1] law to anthropology, accounting to political science, or nongovernmental organization (NGO) work to corporate law firms.
in Autumn 1998. The Mediterranean Programme has two long-term strategic objectives. First, to pro... more in Autumn 1998. The Mediterranean Programme has two long-term strategic objectives. First, to provide education and conduct research which combines in-depth knowledge of the Middle East and North Africa, of Europe, and of the relationship between the Middle East and North Africa and Europe. Second, to promote awareness of the fact that the developments of the Mediterranean area and Europe are inseparable. The Mediterranean Programme will provide post-doctoral and doctoral education and conduct high-level innovative scientific research.
and-conditions-of-access.pdf This article may be used for research, teaching and private study pu... more and-conditions-of-access.pdf This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, redistribution , reselling , loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material.
Rising Authoritarianism(s) and the Globalization of Law: An Initial Exploration, 2019
This article explores the question “what does the future hold for the globalization of law?” In a... more This article explores the question “what does the future hold for the globalization of law?” In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the masses who stand to lose from globalization. For such appeal to continue, authoritarian politicians cultivate antiglobalization rhetoric and practices. The end result is a move away from globalized relations and institutional connectedness between different national legal systems. The similarity of the grammar out of which such authoritarianism is produced in various different national contexts, however, urges us to reflect on the globalized relations that structure such similarity. Second, the rise of authoritarian tendencies in domestic and supranational institutions, particularly in the name of political and economic emergency, may bring about a level of legal uniformity and thus globalization of law. I suggest, however, that what globalizes in such context is an essentially instrumentalized version of law, and a deeper reflection on “what globalizes?” is required as well as whether it could properly be called “law.” Third, as an extension of the second point, this article focuses on neoliberalism as the broad political economic background that informs the globalization of law in the post- 1980 period. I suggest that the instrumentalization of law, both domestically and internationally, is rendered possible by the fact that, under a neoliberal economic way of thinking and practice, economization spreads to all spheres of life and renders other institutional settings adjunct to itself. Such instrumentalization also includes the law and takes away from the power of this institutional field.
Recent studies of authoritarianism in Turkey often conceptualize the problem as a move away from ... more Recent studies of authoritarianism in Turkey often conceptualize the problem as a move away from the rule of law toward rule by law; that is, law’s political instrumentalization by powerful authoritarian movements or personalities. Informed by the liberal legalist assumption that conceives law and politics as two disparate spheres, these studies tend nostalgically to idealize the liberal rule of law past as a benchmark against which today’s predicament is compared. Instead, we attempt to develop an alternative framework, which analyzes law and politics as co-constitutive domains of power, domination, and struggle. We argue that the current state of exception in Turkey (Olağanüstü Hal, literally meaning “extraordinary situation” and is abbreviated as OHAL) would be more fruitfully analyzed by taking into account the historical and structural relations of power traversing the daily practices of law. In this respect, we suggest the following three points as promising research strategies: (1) offering a more extensive temporal framework that focuses on the historical continuities and discontinuities as well as the uneven experience and spatiality of exceptional rule; (2) avoiding methodological nationalism and situating the current authoritarian surge in the context of other formations of authoritarianism in the “peripheries” of global law and politics; and (3) developing a more relational study of law by including the political economic dimension, not just as a causal factor, but also in terms of its effects.
The post-1980 global market reforms have created a massive wave of legal production. Competition ... more The post-1980 global market reforms have created a massive wave of legal production. Competition and antitrust legislation — as well as agencies to oversee such laws — have been among the most important sediments of this wave of neoliberal institutional formation. In this article, I ask what we can infer about the declining import of territoriality given the institutionalisation of global, neoliberal competition regimes. Considering the practice of defining the 'relevant market' within competition law and economics, along with Michel Foucault's conceptualisation of neoliberalism, I argue that the notion of 'the market' emerges as a discursive tool to organise a complex and fluid network of relations within neoliberalism. This, I argue, calls for a look beyond territoriality as a strategy of sovereignty, looking further to forms and institutional grids that capture and organise networks in their fludity. 'The market' is one such authoritative grid.
In this issue, we feature a two-article dossier on the history of the state of emergency in Turke... more In this issue, we feature a two-article dossier on the history of the state of emergency in Turkey and, more broadly speaking, on the emergency powers of the Turkish state. The timing of this dossier has turned out to be apt, though perhaps tragically so. By the time this issue goes into print in October 2016, Turkey as a whole will have spent three months, since the July 15 coup attempt, under an exceptional legal regime. The state of emergency rule that had already been in force in the Kurdish southeast before July 15-the issue that motivated us to prepare a dossier on emergency and exception in the first place-has now become a nationwide regime with no end in sight. The dossier's articles, by Noémi Lévy-Aksu and Joakim Parslow, both introduce a historical perspective to the question of the state of emergency in Turkey. Lévy-Aksu focuses on the introduction-with the Ottoman Constitution of 1876-of the legal concept of the state of siege (idare-i örfiyye), concentrating on its political context as well as its initial practical applications. Parslow, on the other hand, focuses on early republican exceptional powers, and particularly on how those powers came to be legitimized by the work of professors of law. Although the articles deal with historical moments that are chronologically distant from the present day, they nonetheless offer invaluable insights for an understanding of Turkey's current predicament. Their value is certainly not limited to their contribution to an understanding of today. However, in a political climate where the dazzling speed and intensity of the present sometimes blinds us to its very history, we believe that these articles are especially significant for pointing out that this present indeed has its roots in the past. In this sense, both articles clearly show that recourse to exceptional measures is anything but exceptional in the history of Turkey. Since its early foundations, and arguably extending back to late Ottoman times, the state of Turkey has utilized the state of emergency as a legal tool to expand its powers and legitimize its use of violence. Not only do the institutional pathways suggest lines of continuity with current state practices, but also the manner in which the issues are discussed bear an eerie resemblance to current debates, as these articles highlight. In this regard, as well as in many others, the parallel that Parslow
Journal of International Relations and Development, 2016
The post-1980 global market reforms have created a massive wave of legal production. Competition ... more The post-1980 global market reforms have created a massive wave of legal production. Competition and antitrust legislationas well as agencies to oversee such lawshave been among the most important sediments of this wave of neoliberal institutional formation. In this article, I ask what we can infer about the declining import of territoriality given the institutionalisation of global, neoliberal competition regimes. Considering the practice of defining the 'relevant market' within competition law and economics, along with Michel Foucault's conceptualisation of neoliberalism, I argue that the notion of 'the market' emerges as a discursive tool to organise a complex and fluid network of relations within neoliberalism. This, I argue, calls for a look beyond territoriality as a strategy of sovereignty, looking further to forms and institutional grids that capture and organise networks in their fludity. 'The market' is one such authoritative grid.
Critics of European Union (EU) enlargement claim that new members could pose a serious challenge ... more Critics of European Union (EU) enlargement claim that new members could pose a serious challenge to the existing institutional balances within the EU and endanger future institutional deepening. Together with various enlargements since its inception in 1958, the EU has gone through numerous institutional changes that increasingly reflect its supranational character, although the European Community still contains intergovernmental elements. The most important dimension, which has evolved in this evolutionary process of the EU institutions, is the fine balance between small and large member states in terms of representation and power distribution. This is reflected, for example, in the European Commission, where the ten (relatively) small states are apportioned one commissioner and the remaining five large states two commissioners each.
This article explains the shift from an initially European-oriented and politically motivated com... more This article explains the shift from an initially European-oriented and politically motivated competition law, toward a U.S. style and aspiringly apolitical competition regime in Turkey. Translation is used as an analytic to capture the complex processes of such a shift. The article argues that this shift can be explained first by the broad turn toward the U.S. as a source of state expertise and knowledge production in the context of the Cold War. This broad historical dynamic could only be activated, however, by the emergence of a critical mass of policy entrepreneurs and state officials shifting the momentum of policy making away from national developmentalism toward neoliberalism. Such a critical juncture, formed essentially by a generational shift, has been decisive in changing the character of competition law regime in Turkey. A new generation of bureaucrats ended up translating competition in a way that furthers their political goals. This process has contributed to the strengthening of a certain type of competition law regime or network globally.
ABSTRACT:This article explores the question "what does the future hold for the globalization... more ABSTRACT:This article explores the question "what does the future hold for the globalization of law?" In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the masses who stand to lose from globalization. For such appeal to continue, authoritarian politicians cultivate antiglobalization rhetoric and practices. The end result is a move away from globalized relations and institutional connectedness between different national legal systems. The similarity of the grammar out of which such authoritarianism is produced in various different national contexts, however, urges us to reflect on the globalized relations that structure such similarity. Second, the rise of authoritarian tendencies in domestic and supranational institutions, particularly in the name of political and economic emergency, may bring about a level of legal uniformity and thus globalization of law. I suggest, however, that what globalizes in such context is an essentially instrumentalized version of law, and a deeper reflection on "what globalizes?" is required as well as whether it could properly be called "law." Third, as an extension of the second point, this article focuses on neoliberalism as the broad political economic background that informs the globalization of law in the post-1980 period. I suggest that the instrumentalization of law, both domestically and internationally, is rendered possible by the fact that, under a neoliberal economic way of thinking and practice, economization spreads to all spheres of life and renders other institutional settings adjunct to itself. Such instrumentalization also includes the law and takes away from the power of this institutional field.
"The biggest chunk of my job involves translation; I am, for all intents and purposes, a translat... more "The biggest chunk of my job involves translation; I am, for all intents and purposes, a translator," said Arif Asya, 1 a Turkish corporate lawyer who was part of a roundtable in the Regulatory Translations workshop we held in Istanbul in May 2013. Being a corporate lawyer and working for foreign clients, as well as local ones, he argued, put him in situations where he had to actively engage in cultural and linguistic translations. At times, he needed to translate the business context and local sensitivities to a foreign client, a process that included, in his words, "selective translations," which effectively meant nontranslations. Sometimes, he needed to translate local laws to local clients because such laws, having been distilled not only from Ottoman and Turkish history, but also from Roman and German law, contained quite arcane language. Asya's intervention as a practicing corporate lawyer-translator in an otherwise academic setting was a powerful reminder that as scholars we also, to some extent, are engaged in constant processes of translation. For in the workshop where earlier versions of the papers in this collection were presented, participants not only used the concept of "translation" as an analytic in their respective projects, but also performed constant translation-work, as we all came from rather diverse academic and professional backgrounds, ranging from [End Page 1] law to anthropology, accounting to political science, or nongovernmental organization (NGO) work to corporate law firms.
in Autumn 1998. The Mediterranean Programme has two long-term strategic objectives. First, to pro... more in Autumn 1998. The Mediterranean Programme has two long-term strategic objectives. First, to provide education and conduct research which combines in-depth knowledge of the Middle East and North Africa, of Europe, and of the relationship between the Middle East and North Africa and Europe. Second, to promote awareness of the fact that the developments of the Mediterranean area and Europe are inseparable. The Mediterranean Programme will provide post-doctoral and doctoral education and conduct high-level innovative scientific research.
and-conditions-of-access.pdf This article may be used for research, teaching and private study pu... more and-conditions-of-access.pdf This article may be used for research, teaching and private study purposes. Any substantial or systematic reproduction, redistribution , reselling , loan or sub-licensing, systematic supply or distribution in any form to anyone is expressly forbidden. The publisher does not give any warranty express or implied or make any representation that the contents will be complete or accurate or up to date. The accuracy of any instructions, formulae and drug doses should be independently verified with primary sources. The publisher shall not be liable for any loss, actions, claims, proceedings, demand or costs or damages whatsoever or howsoever caused arising directly or indirectly in connection with or arising out of the use of this material.
Rising Authoritarianism(s) and the Globalization of Law: An Initial Exploration, 2019
This article explores the question “what does the future hold for the globalization of law?” In a... more This article explores the question “what does the future hold for the globalization of law?” In analyzing the future of legal globalization, I suggest that analyzing the recent rise of authoritarianism, both at the national as well as transnational plane, offers significant insights. I make three related observations regarding the rise of authoritarian politics. First, the rise of authoritarian and semi-authoritarian regimes and the blend of populism with authoritarianism at the national contexts seems to obstruct globalization of law. This is likely due to the fact that the power of authoritarian politics mostly comes from their populist appeal to the masses who stand to lose from globalization. For such appeal to continue, authoritarian politicians cultivate antiglobalization rhetoric and practices. The end result is a move away from globalized relations and institutional connectedness between different national legal systems. The similarity of the grammar out of which such authoritarianism is produced in various different national contexts, however, urges us to reflect on the globalized relations that structure such similarity. Second, the rise of authoritarian tendencies in domestic and supranational institutions, particularly in the name of political and economic emergency, may bring about a level of legal uniformity and thus globalization of law. I suggest, however, that what globalizes in such context is an essentially instrumentalized version of law, and a deeper reflection on “what globalizes?” is required as well as whether it could properly be called “law.” Third, as an extension of the second point, this article focuses on neoliberalism as the broad political economic background that informs the globalization of law in the post- 1980 period. I suggest that the instrumentalization of law, both domestically and internationally, is rendered possible by the fact that, under a neoliberal economic way of thinking and practice, economization spreads to all spheres of life and renders other institutional settings adjunct to itself. Such instrumentalization also includes the law and takes away from the power of this institutional field.
Recent studies of authoritarianism in Turkey often conceptualize the problem as a move away from ... more Recent studies of authoritarianism in Turkey often conceptualize the problem as a move away from the rule of law toward rule by law; that is, law’s political instrumentalization by powerful authoritarian movements or personalities. Informed by the liberal legalist assumption that conceives law and politics as two disparate spheres, these studies tend nostalgically to idealize the liberal rule of law past as a benchmark against which today’s predicament is compared. Instead, we attempt to develop an alternative framework, which analyzes law and politics as co-constitutive domains of power, domination, and struggle. We argue that the current state of exception in Turkey (Olağanüstü Hal, literally meaning “extraordinary situation” and is abbreviated as OHAL) would be more fruitfully analyzed by taking into account the historical and structural relations of power traversing the daily practices of law. In this respect, we suggest the following three points as promising research strategies: (1) offering a more extensive temporal framework that focuses on the historical continuities and discontinuities as well as the uneven experience and spatiality of exceptional rule; (2) avoiding methodological nationalism and situating the current authoritarian surge in the context of other formations of authoritarianism in the “peripheries” of global law and politics; and (3) developing a more relational study of law by including the political economic dimension, not just as a causal factor, but also in terms of its effects.
The post-1980 global market reforms have created a massive wave of legal production. Competition ... more The post-1980 global market reforms have created a massive wave of legal production. Competition and antitrust legislation — as well as agencies to oversee such laws — have been among the most important sediments of this wave of neoliberal institutional formation. In this article, I ask what we can infer about the declining import of territoriality given the institutionalisation of global, neoliberal competition regimes. Considering the practice of defining the 'relevant market' within competition law and economics, along with Michel Foucault's conceptualisation of neoliberalism, I argue that the notion of 'the market' emerges as a discursive tool to organise a complex and fluid network of relations within neoliberalism. This, I argue, calls for a look beyond territoriality as a strategy of sovereignty, looking further to forms and institutional grids that capture and organise networks in their fludity. 'The market' is one such authoritative grid.
Exploring the divergent aspects of the rule of neoliberalism in Turkey since 1980s, each chapter ... more Exploring the divergent aspects of the rule of neoliberalism in Turkey since 1980s, each chapter in this book highlights a specific dimension of this socio-economic process and together, these essays construct a thorough examination of the whirlwind of changes recently experienced by Turkish society. With particular focus on the new ways in which social power operates, expert contributors explore new discourses and subjectivities around environmentalism, health, popular culture, economic policies, feminism and motherhood, urban space and minorities, class and masculinities. By questioning the primary influence of the state in these micro-political matters, they engage with concepts of neoliberalism and governmentality to provide a fresh, grounded and analytical perspective on the routes through which social power navigates the society. This sustained examination of the new axes of power and subjectivity, with a particular eye on the formation of new political spaces of governance and resistance, deepens the analysis of Turkey’s experiment with neoliberal globalization.
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