航空旅客“黑名单”的法律分析

航空旅客＂黑名单＂制度在我国引入时间不长,实践中引发了诉讼和争论,反映了相关法律制度的缺失。合同法中的强制缔约制度要求承运人承担缔约义务,但强制承诺义务并不是无条件的。基于航空安全等因素的考虑,航空承运人有拒载的权利,但旅客＂黑名单＂的出台应有严格的审核监督机制、公开和缜密的程序认定、完备可操作的当事人救济制度作为保障。我国应借鉴国际惯例和国外的成熟做法,加快有关立法进程,全面规范航空旅客＂黑名单＂制度。     

浅谈警犬辨识的否定性结论在确定侦查方向中的作用

警犬的嗅觉极其灵敏,对气味不仅有很强的感受性,而且还有十分精确辨认机能。利用警犬的这一嗅觉特点,通过科学训练,使警犬对特殊气味建立牢固的条件反射或对气味辨认作出的否定结论,能够在侦查破案中发挥重要作用。     

Ararat and the politics of ‘preserving’ denial

ABSTRACT

Daldal analyses Atom Egoyan's film Ararat (2002) in terms of its ‘truth claims’ and its ostensible critique of the politics of denial of the Turkish authorities. Her essay is not an apologia for Turkish attitudes but claims that, while searching for the ‘truth’ amid denial and deception, the film creates its own ‘official history’, which is presented as the history, mostly based on nostalgia and ‘post-memory’. The Armenian diaspora still relies heavily on the genocide in order to build consciousness and cohesion, and Ararat contributes further to the need for sacred codes, sacred lands and sacred myths. Although the Turkish denial of the genocide is unacceptable, by demonizing the Turks and Turkey, the film contributes to the preservation of that denial, which has been helpful in the creation of diasporic Armenian identity.     

Fighting with phantoms: a contribution to the debate on antisemitism in Europe

ABSTRACT

The point of departure of this paper is the polarization of ways of thinking about antisemitism in Europe, between those who see its recent resurgence and those that affirm its empirical marginalization and normative delegitimation. The historical question raised by this polarization of discourses is this: what has happened to the antisemitism that once haunted Europe? Both the current camps—‘alarmists’ and ‘deniers’, as they are sometimes known, or, perhaps more accurately, new antisemitism theorists and their critics—have the strength to challenge celebratory views of European civilization. One camp sees the return to Europe of an old antisemitism in a new and mediated guise. The other sees the return to Europe of a rhetoric of antisemitism that is not only anachronistic but also delusory and deceptive. Overshadowing this debate is the memory of the Holocaust and the continuing presence of the Israel–Palestine conflict. The aim of this paper is to get inside these discourses and deconstruct the dualism that generates homogenizing and stigmatizing typifications on either side. The spirit of Hannah Arendt hovers over this work and the question of the meaning of her legacy runs through the text.     

Turkish nationalism at its beginning: Analysis of Türk Yurdu, 1913–1918

Turkish nationalism became an element of the Ottoman political scene in the late nineteenth century. Although its roots can be traced back to the Hamidian period (1876–1909), Turkish nationalism emerged as one of the most important political ideologies during the Constitutional Regime. Wars that the Ottoman State participated in from 1911 to the end of the empire in 1918 resulted in population and land losses. Especially, following the Balkan Wars, most of the lands that were populated by non-Muslim and non-Turkish subjects were lost. Within this context, Turkish nationalism came to be seen as the most dominant ideological tool intended to save the Empire. This article argues that Turkish nationalism emerged as a reactive ideology that addressed Ottomanism and Islamism, which were the two other dominant state ideologies during the late Ottoman State, due to the changing political context. In this article, Türk Yurdu, a well-known and influential periodical, is used as the primary source of reference to demonstrate the basic features of Turkish nationalism in its infancy.     

浅析婚生子女推定和否认制度的完善

纵观世界各国立法,我国在今后的婚姻立法上要吸收国外经验,从婚生子女的概念研究入手,完善婚生子女推定和否认制度,使法律更具有操作性,更多地保障婚姻当事人的合法权益及未成年人的利益,又可维持良好的社会秩序和家庭的稳定。     

Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism

Turkey has always been considered an “illiberal democracy”, or in Freedom House’s terms, a “partly-free” country. In recent years, however, there has been a downward trend toward “competitive authoritarianism”. Such regimes are competitive in that opposition parties use democratic institutions to contest seriously for power, but they are not democratic because the playing field is heavily skewed in favour of incumbents. One of the methods employed by competitive authoritarian leaders is the use of informal mechanisms of repression. This, in turn, requires a dependent and cooperative judiciary. Thus, in Turkey the year 2014 can be described as a period when the governing AKP (Justice and Development Party) made a sustained and systematic effort to establish its control over the judiciary by means of a series of laws of dubious constitutionality.     

Turkey’s global governance strategies at the UN compared to the BRICS (2008–2014): clarifying the motivation–contribution nexus

This study attempts to analyse Turkey’s contribution to the United Nations (UN) system in comparison with those of the Brazil, Russia, India, China, and South Africa (BRICS) countries between 2008 and 2014 on three levels: personnel, financial, ideational. Employing an integrated methodology of a global governance contribution index (GGCI) and statistical analysis of complementary raw data, this study empirically reveals the degree to which Turkey was able to transfer its capabilities into an effective contribution to the UN system on the three levels. Drawing on the findings of its quantitative analysis, this paper further qualitatively assesses the reasons behind the gap between Turkey’s global governance motivations and its contribution to the UN system. In doing so, this study, first, deals with the main motivational drivers of its activism in global governance in the 2000s. After unpacking its integrated methodology, the second part of this study quantitatively compares Turkey’s contribution to the UN system to that of the BRICS. The third part of this study delves into the main trends and deficiencies in Turkey’s contribution to the UN system. Finally, this study concludes that Turkey, despite its high motivations for activism in global governance, has not performed well in transferring its capacities into contributions to the UN system, particularly on financial and personnel levels.     

The latent politicization of Alevism: the affiliation between Alevis and leftist politics (1960–1980)

Abstract

Traditional Alevism, which was based on rural/isolated life started to dissolve as a result of urbanization in the 1960s and the 1970s. The social dynamics of Turkey associated the dissolution of archaic Alevism with political mobilization that Turkey experienced in the same period; therefore, the Alevis affiliated themselves with socialist movements in order to participate into political process more efficiently. This article analyses the affiliation between Alevis and socialist movements within the framework of the overlap between the socio-political culture of the Alevis and the political needs of the socialist movements in the 1960s and the 1970s. This affiliation might be followed in Alevi folk songs, squatter settlements, villages and the massacres that Alevis suffered in the late 1970s. Because the relation between the Alevis and socialist movements meant not the politicization of the Alevism as an independent politics of identity, but rather the politicization of Alevis through their affiliation with leftist politics, this article conceptualizes the politicization dynamism of the Alevism between 1960 and 1980 as latent politicization.