ULUSLARARASI HUKUK PERSPEKTİFİNDEN 2011 SONRASI DÖNEMDE LİBYA’DA DE FACTO REJİM VE YENİ HÜKÜMETİN TANINMASI SORUNU. (Turkish)

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Tytuł:: ULUSLARARASI HUKUK PERSPEKTİFİNDEN 2011 SONRASI DÖNEMDE LİBYA’DA DE FACTO REJİM VE YENİ HÜKÜMETİN TANINMASI SORUNU. (Turkish)
Autorzy:: TAŞDEMİR, Fatma
Temat:: STATE constitutions
STATE governments
PUBLIC officers
SOCIAL problems
CIVIL war
LIBYAN Conflict, 2011-
Alternatywny tytuł:: (In the Post- 2011 Period, the Problem of Recognition of the De Facto Regime and the New Government of Libya from the Perspective of International Law). (English)
Źródło:: Journal of Judgments by the Court of Jurisdictional Disputes / Uyusmazlik Mahkemesi Dergisi; dec2020, Issue 16, p375-405, 31p
Terminy geograficzne:: LIBYA
TURKEY
Abstract (English):: The units that exercise a certain degree of effective authority over the territory of a state is called the de facto regime. Today in terms of international law the status and legal personality of de facto regimes are uncertain. As de facto regimes replace the official government of the state by force and unconstitutional methods, they pose significant threats to international peace and security. International community responds to the problem of the de facto state and de facto regime with the methods of recognition. Recognition of government is important in situations such as civil war, revolution and coup d’etat, in case of a change of power, which is contrary to the constitutions of states and international law. In these states of emergency, states have traditionally resorted to the principle of effectiveness in order to recognize new governments. While states grant to the de jure status to the entities that are effective both internally and externally in a state; different entities are given to different status that aren't internally and externally effective in a given state as in Libya. In the post-2011 periods, the Libyan example proved that the effective control principle isn’t an absolute principle in state practice. The presence of popular support shows that factors such as widespread recognition by the international community, international peace and stability gain more importance . Multi-government problem in Libyan after Gaddafi period is important in terms of Turkey’s rights and interests in the Eastern Mediterranean. [ABSTRACT FROM AUTHOR]
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