نشریه مطالعات بین المللی
سال چهارم شماره 4 (پیاپی 16، بهار 1387)

This paper sets out to draw on constructivism and its defining debates in order to approach the specific problematique of Turkey’s Europeanness and further integration into the institutional arrangements of the contemporary European society. It discusses that the ‘discourse of Europe’ has been shifting over time from a strict patrimonial approach to the more futurelooking convergence around the possibility of building a republican polity, from cultural identity to political identity. The paper attempts to expand on the constructive understanding of Europe as ‘cognitive structure’. The paper provides a background of particular historical itinerary through which Turkey has progressively processed to be part of Europe. However, it argues that Turkey has played, for a long time, the role of ‘other’ in the constitution of Europe and Europeanness. Based on the “discourse of Europe” the paper discusses that by negotiating the conditions of Turkey’s Europeanness and accession to the EU on the ground of a series of speech acts redefining Europe, European leaders finally felt bound by the illocutionary force of the promise they had been making.

The goal of the Anti-Corruption Strategy is to overcome corruption, to eliminate its root causes and the conditions conducive of its proliferation, to build a sound moral and psychological environment, which, in turn, will power the attainment of sustainable democratic institutions, a civil society, and a state based on the rule of law, the enhancement of free economic competition, economic development, and poverty reduction. In fighting corruption, there are preconditions/elements which should be considered at national and international levels. The implementation of the UN Convention against Corruption relies on the effective implementation of its pillars. Moreover, special attention should be given to the important elements/preconditions such as a strong and committed political will, Promoting ethics and developing a cultural against corruption and finally the implementation of the Convention needs extensive legal and technical expertise and knowledge.

The 33 days of war and hostilities between Israel and Hezbollah, which constituted an international armed conflict, would be fall within the conventional and customary international humanitarian law. According to law jus ad bellum, the use of force by Israel in starting the war against Hezbollah under pretext of self-defense is considered as an unlawful act of aggression. Such incidents as capturing enemy’s soldiers may repeatedly occur in any critical situation between two parties. These low-level acts of violence across the borders are considered minor armed exchanges which would not give rise to the right of self-defense. Moreover, every measure under the right of the self-defense will be conditioned by three significant principles of proportionality, necessity, and imminence, which Israel clearly failed to comply with them during the time of war. Israeli Forces couldn’t comply with the rules of international humanitarian law, known as jus in Bello, in the course of the hostilities and war against Hezbollah in southern part of Lebanon from July 12 to August 14, 2006. The devastating impact in southern part of Lebanon and heavy human toll by Israeli Forces during their 33-day of war against Hezbollah is a vivid violation of several international humanitarian rules including principles of distinction and precautions which caused killing of hundreds of civilians, displacement of the civilian population, destroying the natural environment and cultural properties and sites.

This article aims establishing a causal relationship between the expansion of national wealth and civility among citizens. The industrial revolution, Urban Life and specialization led the new citizens into a collaborative life style with fellow citizens. The creation of wealth through innovation, entrepreneurship, new organization, marketing, international expansion and free trade channeled human effort, towards dialogue, interaction and interconnectedness of Interests. At least in industrial societies the overall Patterns of interaction have emphasized institution – building, rule of law and Unwarranted Maximization. Hence civility as a logical and national source of action in social communication has replaced aggressive and confrontational behavior. At last the article argues that the creation of wealth and citizens’ participation lead to processed levels of civility. Both Westerns and Asians experiences provide solid evidence to this hypothesis.

The necessities of globalization play an important part for the legitimacy of economic neo- Liberalism. Reconstruction of the modern left became vital when in faced the fact that for political survival (confronting globalism) pursuance of the classical economic insight must happen. So that the left theories used the third way to replace the structure of economic capitalism. This third way is a response to the failure of the economic policy of tax incidence - spending, which was influenced by the economic theory of the moderate left party the social democrats and the business logic victory based on economic less governmental the moderate right. This third way is a political proposal of European left for favoring economic globalizations based on neo - liberal economic guidelines.

The politics and practices of International Legal Order establishment within the age of progress in armament drove toward the idea of realistic principle and values and therefore concepts like legitimacy of use of force become the dominate discourse in the International Relation. The scheme which the global society planed to confront this divergent and anti - peace issue has started from nineteenth century and reached its climax after second world war and the nuclear age. Even though this confrontation settled nothing, after the Cold War drew to close, dissemination of nuclear technology began and a new period of struggles started between the members of global society. This inception has an ambiguous and nuclear perspective.

Events of September 11 and then US invasion of Afghanistan and Iraq resulted in wide formal and substantial alterations in political and security equilibriums of the Middle East, Persian Gulf and Northern Africa. These alterations have made dominant new atmosphere and circumstances, in the sense of elimination or emergence new regimes, changing the nature of actors’ making coalitions, changing the mental image, decision making, emerging new international era, and changing the power structure in the international system. By eliminating Sadam Hussein, US was trying to engineer a new government and power structure in Iraq, within which the nature of a new constitution is considerably important. The author believes that, on the one hand, the content of the new constitution in the new international order, which is linked more or less with the third wave of democracy, cannot lack modern elements and components. On the other hand, a strong tribalism with growing tendency towards separatism and a relatively strong religious differentiation between Shiites and Sunnis in Iraqwill turn the new constitution of Iraq into triangle of inconsistency and incompatibility.

Military occupation has been one of the most important subjects in international law, so numerous international instruments since 1907 Hague Regulations has dealt with it. International humanitarian law andinternational human rights law constitute the international legal system governing military occupation. The International humanitarian law as lex specialis governs the relations between occupying power and occupied territory. Furthermore the international human rights have to been respected in occupied territories and the protections of international human rights law dose not cease because of applying International humanitarian law. Israel as the oldest occupying power, deny the applicability of International humanitarian law and international human rights law in Palestinian occupied territories. Although the Israeli arguments regard denying them, has been rejected by all the international human rights bodies and most of authors. The international court of justice in its judgment called" legal consequences of the construction of a wall in the occupied Palestinian territory" (9 July 2004) gathered and considered all the arguments for and against the applicability of International humanitarian law and international human rights law in occupied territories and finally concluded that both of them have to be applied there. One of the most important achievements of this judgment is finding the applicability of human rights law in occupied territories for filling the "protection vacuums" which might be in international humanitarian law-specially in prolonged occupations.