Part 4:
TO BE CONTINUED....
At the moment, what we have is.
We have A lot of other space because we have satellites. And there can be issues related to national security of nation states. We have a lot of air, because airplanes are passing through our spaces. And they cannot be spying and so on. We have a lot of seats who can fish where fishing is one thing who can look for oil where, at the moment, there is an ongoing problem in Mediterranean as you know, who are they totaal Exxon coming together with Israel? Cyprus, who else? Egypt, Italy? Greece, they’re trying to extract oil, not sort of gas, and they’re trying to somehow transfer it to Europe. And which pass should they pick? Well, that’s all about them law. See, first of all, who can search for oil or gas way? Who can extract us? And where to put the pipelines? Where is it legal? Where is it not? Law cancels, therefore we had to expand our law or see understanding in time. So this is how it’s expanding horizontally, vertically, it’s also expand just like human rights, that’s also an integral part of International Public Law, of course, your right to live, that’s constant, of course. And we used to have capital punishment, as one of the punishment sanctioning in domestic penalisation. In time, it was seen that actually judges are also human beings. And when they do mistakes, their decision cannot be undone anymore. So right to live with, or life was limited by the capital punishment, after capital punishment was removed. That right has expanded vertically. And minimum other rights or laws are also expanding vertically in such a way. International Law, International Public Law is quite different than municipal law. What does that mean? For instance, when you comment a crime, then you know that you’re going to be sanctions by the court. This means we have a third party settlements. The enforcement is a third party enforcement, you give harm to me. But I don’t. I don’t sanction you. The court is sanctioning you. So a third party is implementing the sanction. The third party has the enforcement force power. This is not the case in the international system in the international system, we don’t have an authority. We don’t have an international police, for instance, to say that, now this country is wrong, they have violated the laws and so on. We don’t have such a force to say that no international police, we don’t have an international court to penalize states. Therefore, third party settlements in in the way that we understand through municipal law does not exist in international system. The sources are completely different. We have spoken about that. We are sad that a municipal system, how we make law is that we have a parliament we have representatives there, and the representatives they make they prepare proposals either in commissions or on their own they submitted and if that submission comes through the age and then it is discussed, as a result of the discussions perhaps the text changes, and then it is voted in. Well, let’s move on to I’m saying parliament, but by the Constitution, the authorized body, it is voted and as a result, if it is adopted, then it is sent to Official Gazette, and it has an enforcement date. And we have an executive branch that ensures the implementation of the law. And if things go wrong, then the hurted sides can simply go to the courts. So this is how the system works. We don’t have any international Parliament’s we don’t have an international executive. We don’t have an international judiciary. And this is how we make law in municipal system in international system. If we don’t have any of those institutions. How can we talk about international law? Does it really exist? Some scores discuss it Like that,and I told you it exists. And it is just like baking a cake. I told you there is a conventional way of baking a cake that you need flour and eggs and sugar. But it's also possible to bake a cake that's gluten free without using those ingredients, and the result is still a cake. So this is what we're going to do in this class. So right. The sources we have spoken about dispute some lawmakers and subjects here, it's not you and me making the laws. It is a parliament making the laws. So we have representers. And our consent is indirectly asked for the laws, not directly one by one where the subjects of law in international system. States make law states obey law. So the lawmaker and the subject are two distinct elements in municipal law, but they're the same in international law. The sanctioning is a little bit problematic valsalva First of all, the third part settlements takes place. Secondly, some scholars are saying that there is no sanctioning in international system. And it is really limited. First of all, use of force is prohibited by international law. And there's only one international authorized body to implement use of force, which is the Security Council United Nations Security Council, if they can unite if none of those five vetoes a decision, then they can start a military action against a wrongdoing state. A recent example is the Libya case true. We can also talk about embargoes recently we have seen United States implementing embargoes on who? On Iran, for instance, we have seen that the thing is that bow on one hand, yes, there's tension there economic sanctions, like embargo, diplomatic sanctions, like downgrading the relations. Turkey has done it several times. By pulling through ambassadors from behind the scene that's happening in our mania. We have seen that happening in Egypt, Israel, and so on. So downgrading relations take also place. The thing is that here implementing those embargoes and so on, legitimacy problem arises a lot in international law, because there is no court, US decides on its own to implement an embargo on Iran, or diplomatic sanctions happen also in such a way Do you remember the crisis in between United States and Turkey? There was a visa crisis. Do you remember how it was the visa operations taking place in consulates, US consulates in Turkey? They have decided to slow down the process. So you were asking for a visa, because you have a meeting in March, but your visa appointment was given for May. So even though you take the visa that mean, well, this is taken by the initiative of the United States. And because of the element of risk of reciprocity, Turkey has decided to do the same to them as well. And if it is still legitimate, was questioned. So sanctioning, yes, it does take place, but if it is legitimate, well, that's a question mark. At least states are discussing it. Is this disputable and roll off politics? Well, sadara politics in municipal systems cannot influence law. Politics is held only within the infrastructure or within legal infrastructure. Politics should obey the laws and politics should that game should be established on there the system of legal system of that site. Here it's not the same here. The international politics directly influence international legal system because it's the states making law they make the state according to their political intentions or benefits, interests and so on. These are gap the difference in between municipal system and you have a question Yes, please.
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