Diplomatic privileges and immunities in the Ottoman State
2024
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Advisor: Doç. Dr. Mehmet Aykanat
Abstract (EN)
States, which are the oldest entities in international law and equipped with broad rights/authorities, have used the art of diplomacy in mutual relations. In course of time, in order for diplomacy to be carried out more effectively and for diplomatic representatives to perform their duties effectively, certain rules were put into writing and put into practice through mutual agreements. In periods when these written rules did not exist, customary rules were applied. One of the most important parts of these rules is the issue of "diplomatic privileges and immunities". The aim of our study is to discuss diplomatic privileges and immunities in the Ottoman State and the legal foundations on which they are based. In this context, diplomatic privileges and immunities; Its conceptual framework, historical development and legal foundations were examined. It is important to reveal the written and customary rules of the Ottoman State, which had a 600 year diplomatic relations network from its foundation until its collapse, and the legal foundations on which they are based, as a whole and to pass them on to future generations. In our study, first of all, the historical processes of the subject, the theoretical foundations on which it is based, the primary sources that can be accessed (shariah law sources, the Vienna Convention on Diplomatic Relations (1961), etc. international agreements) were examined, and as secondary sources, we tried to make analyzes on the subject by using relevant academic books and articles. Research findings; It shows that the legal foundations of diplomatic privileges and immunities in the Ottoman State are based on Islamic law and that they are experiencing a gradual maturation process. In addition, diplomatic privileges and immunities that found application in the Ottoman State, unlike Western states, were not absolute and were disabled when the security of the state was in question. In conclusion, diplomatic privileges and immunities in the Ottoman State were developed based on the institution of emancipation in Islamic law and effectively responded to the needs of the period. Legal regulations have been made regarding the tax and customs privileges of diplomatic representatives on the basis of reciprocity; In diplomatic immunities, there are both personal immunity, immunity from jurisdiction, etc. absolute immunity is not recognized. These immunities have been removed when abuse is detected. In this respect, it is different from Western states. During the period when the political-military power of the Ottoman State weakened, modern diplomacy was adopted, like the Western states. During the period of the Republic of Turkey, which was the continuation of the Ottoman State, the Vienna Convention on Diplomatic Relations (1961), was adopted and full harmony with the Western states was adopted.
Author
Ayşe Nur Aydın
Institution
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Ayşe Nur Aydın (Master Thesis). Diplomatic privileges and immunities in the Ottoman State, 2024, Afyon Kocatepe University.
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