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This paper focuses on a little-known aspect of the first constitutional period in the Ottoman Empire: the introduction of idare-i örfiyye (an equivalent of the state of siege) into the Ottoman legal system. With a name rooted in the Ottoman legal tradition and a definition clearly inspired by the nineteenth-century French “état de siège,” the idare-i örfiyye was a case of legal hybridization that combined the Ottoman political and legal tradition with transnational (or transimperial) legal circulation. This paper seeks to understand how and why different legal references were combined in order to make it possible, under exceptional circumstances, to suspend the ordinary legal order. At the same time, it analyzes the first application of the idare-i örfiyye, which occurred during the Russo-Turkish War of 1877–1878, to show how local and diplomatic reactions to this exceptional state of affairs were crucial for the further definition of the notion. Through a critical approach to legal texts and archival documents, the article discusses how various legal sources, the political context of the early Hamidian reign, and local experiences all shaped the notion of idare-i örfiyye, soon transforming it into a tool of government for exceptional and (more frequently) non-exceptional times.
The UN Guiding Principles on Business and Human Rights (GPs) expect businesses to participate in operational-level, non-judicial mechanisms to address the grievances of communities affected by their activities. While there is guidance on operational-level grievance mechanisms as to what constitutes an effective process, inquiries into the effectiveness of outcomes have been met with less success. This article identifies three key incongruities within the GPs regarding effective outcomes: (1) the broader interpretation of remedy within the Remedy Pillar compared to the Respect Pillar; (2) the novelty of enforcing human rights through dialogue and engagement as opposed to adjudication; and (3) the difficulty in reconciling objective human rights standards with the subjective preferences of the parties. It then aims to resolve these issues by applying a human rights-based approach: examining how empowerment of communities can act as the founding basis for understanding whether an outcome is effective. It concludes by examining the working of the Porgera Mine mechanism from this perspective.
This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines – such as environmental law, trade law, corporate law, and human rights law – results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating obstacles in the development of coherent and effective legal and policy choices related to the protection of the environment. It illustrates these arguments with examples of practical problems that have arisen from the separation of legal issues in practice and provides the theoretical underpinnings, based on the critique of international lawyers, for the application of ‘macro’ legal analysis. In other words, it argues for a form of analysis that would consider the entire range of relevant legal disciplines in a unitary process. It then provides a methodology for the development and application of ‘macro’ legal analysis in relation to environmental issues. Finally, it considers the potential that this approach could have within the field of GEG and comments on the implications that it could have for the way in which lawyers are trained in the future.
Over the last few decades the number of radiocarbon dates available for West Central Africa has increased substantially, even though it is still meagre compared with other areas of the continent. In order to contribute to a better understanding of the Iron Age of this area we present and analyze a total of 22 radiocarbon dates obtained from sites from the island of Corisco (Equatorial Guinea). By comparing them with those from Equatorial Guinea, southern Cameroon, and coastal Gabon and Congo we intend to clarify the picture of the West Central African Iron Age and propose a more accurate archaeological sequence.