Chapter 11. The practice of adaptation in the Turkish Republic

Author(s):  
Laurence Raw
Keyword(s):  
Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2020 ◽  
Vol 28 (1) ◽  
pp. 66-84
Author(s):  
Sanford U. Mba

Recently, the Nigerian Senate passed the Bankruptcy and Insolvency (Repeal and Re-enactment) Bill. This is no doubt a welcome development following the continued demand by insolvency practitioners, academics and other stakeholders for such legislation. The call has not only been for the enactment of just about any legislation, but (consistent with the economic challenges faced by businesses in the country), one that is favourably disposed to the successful restructuring of financially distressed businesses, allowing them to weather the storm of (impending) insolvency, emerge from it and continue to operate within the economy. This article seeks to situate this draft legislative instrument within the present wave of preventive restructuring ably espoused in the European Union Recommendation on New Approaches to Business Rescue and to Give Entrepreneurs a Second Chance (2014), which itself draws largely from Chapter 11 of the US Bankruptcy Code. The article draws a parallel between the economic crisis that gave rise to the preventive restructuring approach of the Recommendation and the present economic situation in Nigeria; it then examines the chances of such restructuring under the Nigerian draft bankruptcy and insolvency legislation. It argues in the final analysis that the draft legislation does not provide for a prophylactic recourse regime for financially distressed businesses. Consequently, a case is made for such an approach.


Author(s):  
Taner Akçam

Introducing new evidence from more than 600 secret Ottoman documents, this book demonstrates in detail that the Armenian Genocide and the expulsion of Greeks from the late Ottoman Empire resulted from an official effort to rid the empire of its Christian subjects. This book goes deep inside the bureaucratic machinery of Ottoman Turkey to show how a dying empire embraced genocide and ethnic cleansing. Although the deportation and killing of Armenians was internationally condemned in 1915 as a “crime against humanity and civilization,” the Ottoman government initiated a policy of denial that is still maintained by the Turkish Republic. The case for Turkey's “official history” rests on documents from the Ottoman imperial archives, to which access has been heavily restricted until recently. It is this very source that the book now uses to overturn the official narrative. The documents presented here attest to a late-Ottoman policy of Turkification, the goal of which was no less than the radical demographic transformation of Anatolia. To that end, about one-third of Anatolia's 15 million people were displaced, deported, expelled, or massacred, destroying the ethno-religious diversity of an ancient cultural crossroads of East and West, and paving the way for the Turkish Republic. By uncovering the central roles played by demographic engineering and assimilation in the Armenian Genocide, this book will fundamentally change how this crime is understood and show that physical destruction is not the only aspect of the genocidal process.


Author(s):  
M. Şükrü Hanioğlu

This chapter discusses Mustafa Kemal Atatürk's childhood in the ancient Macedonian capital of Salonica. The future founder of the Turkish Republic was born one winter, either in 1880 or in 1881. His upbringing was more liberal than that of most lower-class Muslims. No one in his family's circle of friends and relatives, for instance, practiced polygamy. Likewise, his father reportedly drank alcohol, which was abhorred by conservatives. The confusing dualism produced in Ottoman society by the reforms of the nineteenth century had its first imprint on Mustafa when his parents entered into a heated argument about his education. There is little doubt that Mustafa Kemal's deep-seated predilection for new institutions and practices owed much to his years as one of a handful of students in the empire who had their primary education at a private elementary school devoid of a strong religious focus.


1984 ◽  
Vol 26 (5) ◽  
pp. 5-23
Author(s):  
M. N. Kolmakova

2001 ◽  
Vol 18 (1) ◽  
pp. 110-114
Author(s):  
Ibrahim Kalin

This book, originally published in 1962, has now become a classic on the historyof modemTurkish political thought, whose beginning is usually traced back to theT-t period (1836-1878), the most turbulent and crucial period of modemTurkish history. Serif Mardin, the famous Turkish historian and political scientist,is like a household name to those interested in modern Ottoman and Turkishintellectual history. In his numerous books and articles, which followed thepublication of the present work, Mardin took the herculean task of unearthing theparameters of modem Turkish thought with an almost solitary conscience. It issimply impossible to have a discussion about Islam and Turkish society, socialchange, modernization or secularization without referring to Mardin’s work,which is woven around a string of ideas, concepts and analytical tools, all of whichenable him to see the realities of Turkey and the modem Islamic world both fromwithin and from without. His more recent Relwon and Social change in Twkey:’ c irhe of&aYuzaman Said Nuni (New York: SUNY Press, 1989),w hich is thesingle most important book written in English on Said Nursi, the founder of theNurcu movement in Turkey, is the result of the same set of principles Mardin hasadopted throughout his career: diligent scholarship, resistance to fads, and willingnessto understand before passing any judgements on his subject.The present work under review touches upon the most sensitive and crucialperiod of modem Turkish history, viz., the end of the Ottoman era and the establishmentof the modem Turkish Republic. Mardin’s exclusive emphasis is on theTanzirnat period, and the figures that laid the intellectual foundations of it. Thesignificance of this period can hardly be overemphasized, not only for Turkish historybut also for the rest of the Islamic world. It was in this period that a wholegeneration of ottoman intellectuals, from right to left, was faced with the historictask of confronting modem western civilization in the profoundest sense of theterm, and their successes and failures set the agenda for the modem intellectualhistory of Turkey for decades to follow. Their troublesome journey was shaped bythe historical setting, in which they came to terms with such questions as modernism,secularism, westernization, nationalism, Islam, society, science, tradition,and a host of other issues that continue to haunt the minds of the Islamic worldtoday. Their trial, however, was linked to the rest of the members of the Islamicworld in ways, as the present work under review shows, more important than isusually thought, and this issue, namely the place of ottoman intellectual historywithin the larger context of modem klamic thought, has not been resolved. In this ...


2007 ◽  
Vol 24 (4) ◽  
pp. 1-25 ◽  
Author(s):  
Saad Omar Khan

This paper examines British approaches to the caliphate from the beginning of the First World War to the aftermath of its dissolution in 1924. Background will be given as to how the Islamic conception of the caliphate shifted over time. British use of the caliphate as a political tool in the nineteenth century is also examined, especially with regards to how strong British-Ottoman ties prior to the First World War affected India’s Muslims. The primary focus, however, will be on British ties with King Hussein of the Hejaz. British suggestions of an Arab caliphate encouraged the idea that Hussein should assume the title of caliph, which would later be a cause of agitation and concern for British policy in the British Empire. This is especially true with regards to India, as fear of Indo-Muslim opinion would deeply influence British policy when it came to the Ottoman Empire’s position in the post-bellum period. With the creation of the Turkish Republic and the subsequent disestablishment of the Ottoman caliphate, Hussein, sharif of the Hejaz, would officially announce his claim to the title. This dismayed the British foreign policy establishment, which strove to avoid suggestions of complicity lest further anti-British activity be encouraged in India. Eventually, the end of Hussein would come from Ibn Saud, his principle rival in the Arab world. Despite Hussein’s status as a British ally, the widespread anger against him in the Islamic world over the caliphate would persuade the British to distance themselves from him and his religious pretensions.


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