Theory of natural law and international judicial protection of human ri̇ghts

The primacy of law, based on human rights, is a distinctive feature of the legal and political order of civilized states in the modern era. This study fundamentally revolves around the proposition that the theory of the state based on human rights and the primacy of law is a legal, philosophical, and logical necessity. In order to substantiate this proposition, the development of natural law thinking from ancient times is examined in the first part, and the emergence of the secular natural law theory on a rational basis is attempted to be explained. The dimension of international relations and international law of this secular natural law theory, brought forth by the rational imperative of time and space, is also explored. In the second part, a general examination of the theory of sovereignty is conducted to comprehend the sovereignty theses developed in response to the validity of international courts, international organizations, and international agreements concerning fundamental rights and freedoms. After examining the historical development of sovereignty, the thoughts that form the basis of modern theories are evaluated. In this section, despite the different assessments of the attributes and definitions of sovereignty, it is pointed out that attributes such as indivisibility, singularity, and absoluteness have always been preserved; and the divergence of English sovereignty theories from those of Continental Europe is emphasized. In the third section, the referendum method is initially assessed. Emphasis is placed on issues such as the limited explanation of legitimacy put forth by Carl Schmitt, the absolute influence of authority on sociology, and Schmitt's proposal of a referendum democracy. The Schmittian approach to sovereignty is critiqued in the light of the views of Habermas and Kelsen. The continuation of the third part focuses on how the elements of positive law should be used in order to make possible the secular natural law view that emerged as a result of the situation between states and in the natural development of legal thought, as a requirement of the logic examined in the first part. In the rest of the chapter, court decisions were examined, what was done against the systems defined as lacking legality in the context of the Russian example and the Nazi example was evaluated and inferences were made. The ultimate goal of the thesis is to demonstrate that a human rights-based, monist international judicial system is a historical and logical necessity. In doing so, the thesis aims to concentrate on resolving the problem of legal certainty and provide a general assessment of sovereignty theories.