AVRUPA UYGARLIK EŞİĞİNDE BÂBIÂLİ : 1856 PARİS ANDLAŞMASI TEMELİNDE ULUSLARARASI HUKUK VE OSMANLI İMPARATORLUĞU İLİŞKİSİNE AVRUPALILARIN GÖZÜYLE BİR BAKIŞ

• Main Author: Habip ÜNYILMAZ
• Format: Article
• Language: deu
• Published: Inonu University 2019-12-01
• Series: İnönü Üniversitesi Hukuk Fakültesi Dergisi
• Subjects: history of i̇nternational law; ottoman empire; standard of civilisation; family of nations; 1856 paris treaty
• Online Access: https://dergipark.org.tr/tr/download/article-file/828375

The admission of the Ottoman Empire to benefit European public law was arranged in the 1856 Paris Treaty which is also the certificate of Ottoman inclusion in the Concert of Europe. But there is an old debate about the nature and results of the admission, that students of the history of international law are familiar with. In this article to deliver the intellectual background of the concepts and institutions of the debate, the doctrine and practice of the century are explained. The debate which is shaped by both ideological motivations of doctrine and high politics affected law practice, presented by examining differentiating views on the subject. In evaluation, firstly attention drawn to the limited and inconsistent character of European public law. Than although as an important phase in which the Empire’s endeavors to be a part of the European family of nations was confirmed, the probability that Paris Treaty’s had only partial effect on the subject is submitted. It will be seen that especially at the second half of the century, the experience of the Ottomans which is thought to have gained membership in the family of nations by fulfilling the requirements of the standard of civilization is an informative case study to learn about the complex and ambiguous idea of international law of the era.