EFFECTUATING THE CONSTITUTION: CONSTITUTIONAL LAW IN VIEW OF ECONOMIC AND SOCIAL PROGRESS 

ULRICH KARPEN 
Prof Dr Ulrich Karpen is a member of the Law Faculty at the University of Hamburg.

ECONOMIC AND SOCIAL ORDER AND THE CONSTITUTION
I. The Modern Social and Welfare State
The modern social and welfare state is no longer influenced by the laissez-faire philosophy of the nineteenth century. Undoubtedly, economic growth and improving social policy added to the stability of democracies during the last decades. A certain economic standard is an important prerequisite for the existence of a state governed by the rule of law. Consequently, a modern state, to protect its economic and social basis, has to participate in the economic process and is responsible for the basic elements of social security. However, the manner and extent of state activities in these fields are dependent on the economic and social order and contribute considerably to it. This will be demonstrated in six steps. The social market economy of the Federal Republic of Germany and the Basic Law of 23 May 1949, as her constitution, may serve as an example for consideration.

ILLEGALITY AND NON-RECOGNITION OF THE STATE AND ATTRIBUTION OF INTERNATIONAL RESPONSIBILITIES TO ANOTHER SUBJECT*

AUGUSTO SINAGRA
Augusto Sinagra is the Professor of European Communities' Law in the Faculty of Political Sciences of Rome University “La Sapienza”. He is Director of the Rivista della Cooperazione Giuridica Internationale (Magazine of International Juridical Cooperation).

* The author would like to express his appreciation and thanks to Prof Ahmet Aker for rendering the translation from Italian and to Prof Zaim Necatigil for streamlining the English text. The ideas expressed, however, are those of the author.

INTRODUCTION: THE STRANGE IDEA OF ‘ILLEGALITY' OF THE STATE
With the judgement of 10 May 2001, the European Court of Human Rights pronounced itself again on the situation of the Turkish Republic of Northern Cyprus, which in the text of the judgement is deliberately indicated in quotation marks, the non-recognition of which is often reiterated in a somewhat obsessive way. Thus, due to its ‘illegality', the Turkish Republic of Northern Cyprus is deemed non-existent as a state subject of international law.

WAS CYPRUS EVER REALLY UNITED?

AHMET C. GAZIOGLU
Ahmet C. Gazioglu is the Editing Director and Manager of the CYPRUS RESEARCH & PUBLISHING CENTRE in Lefkosa, Turkish Republic of Northern Cyprus (TRNC).  He is the author of various Turkish and English books on Cyprus.  His recent English books include: The Turks in Cyprus (1990), Cyprus, EU and Turkey (1998), Two Equal & Sovereign Peoples (2nd Edition 1999), Past Masters of Illegality (2000) and Cyprus: The Island of Sustained Crises Vol. 2 (2002).

INTRODUCTION
It is easy to take the stance that “Partition is right” or “Partition is wrong” without carefully considering the reasons leading to such division.
The Cyprus problem could be examined as a test case, which has been resolved by dividing the island and its two main communities. To understand how the formula of division worked in Cyprus, it is necessary first to look at the situation there, both pre- and post-Independence.

PERENNIAL CONFLICT OR EVERLASTING PEACE: THE EUROPEAN UNION'S INVOLVEMENT IN CYPRUS

H. TARIK OGUZLU
H. Tarik Oguzlu is a PhD Candidate at Bilkent University.

INTRODUCTION
It is contended in this paper that the European Union, through the dynamics of the membership accession process, has the potential to contribute to peace and security in and around the island of Cyprus, provided some conditions are met. However, unless the current approach of the EU is changed, the ongoing accession process between the EU and the Greek Cypriots on behalf of the whole of Cyprus will lead only to further securitisation in the region.

CHANGING CONCEPTS OF NATIONAL SECURITY IN THE POST-COLD WAR ERA AND TURKISH DEFENCE INDUSTRY

NAMIK KEMAL PAK
Namik Kemal Pak is President of the Scientific and Technical Research Council of Turkey, TÜBITAK.

DEVELOPMENTS IN THE POST-COLD WAR ERA
Some argued that the end of the Cold War reduced the threat, so liberating vast funds that could be spent more productively. Developments in the past decade have shown that optimism to be misplaced. Recent tragic events in the United States have shown the sense of security the end of Cold War instilled in many people to be false. With bloc discipline no longer masking local cleavages, the switch to a mono-polar world came with a sudden eruption of conflicts of unprecedented violence around the globe. And, with a nuclear holocaust no longer the prime threat, the positions of the major powers, vis-à-vis local conflagrations, have undergone radical changes. Former allies have fallen out among themselves. Ethnic conflicts, fuelled by clashing, alien interests have caused the fragmentation of whole states accompanied by widespread agony.

THE NEW STORM AND DEMOCRACY IN THE MIDDLE EAST

ADEL SAFTY
Dr Adel Safty is Professor of International Relations and Law, and Dean of Leadership and Public Affairs at Bahçesehir University, Istanbul, Turkey. Professor Safty is the author, among other works, of From Camp David to the Gulf (1992,1997) and the Report to the United Nations on the Global Advance of Democracy (2000).

INTRODUCTION
Ten years after the Desert Storm operation against Iraq blew devastatingly through the Middle East, the war against Afghanistan is bringing to the region a new storm – one that has challenged Arabs and Muslims to take a clear stand for or against terrorism. In the ensuing debate, Arabs and Muslims have also been challenged to respond to criticisms and charges that their culture was incompatible with democracy and freedom. The general response of the Arab countries has been to condemn terrorism and reaffirm their support for freedom and democracy. This is not enough. I shall argue that while progress has been made in democratisation, the real challenge, and the only truly lasting response to the campaign of vilification of Arabic and Islamic culture, is to consolidate the institutions of democracy. Failure to do that perpetuates the lopsided relationship between the West and the Middle East.

THE PROGRESS OF PLURALISM AND THE TUG OF WAR OF CIVILISATIONS

ERIK CORNELL
Erik Cornell, M.Sc., BA, is a former Ambassador of Sweden to Turkey.  

“What is the use of laws if we have no basic values”

Horace
The present world order is reflected in the United Nations as the international forum for sovereign states. The UN was founded at the moment of triumph for the Great Powers, which were just winning the greatest war in history. Consequently, it was the self-evident basis for membership of all recognised states. During the Cold War period and the decolonisations, UN membership grew and nations clustered into groups according to their economic and political characteristics: the industrialised countries, the socialist states and the developing countries. When The People's Republic of China joined, it formed a ‘group' of its own. After the dissolution of the socialist group, most of its former members tended to join the industrialised group while Russia is likely to follow the Chinese example and form its own ‘group'. Now a tendency is discernible whereby some of the former colonies are being regarded as ‘empires' in the sense that they comprise entities wishing to establish independent states. There exist no criteria for UN membership status – a small island with a few thousand inhabitants is eligible, a people of millions inside some state or divided as nationals of different states are not. If every state composed of several ethnic or otherwise self-identifying groups divided itself into a number of eligible states, the consequence would be no upper limit for the number of UN members. It has been pointed out that such tribalism and fragmentation, if unchecked, is likely to gain the upper hand in many parts of the world.1           

IN DEFENCE OF NATIONALISM AND THE NATION STATE

F. Leyla Tepedelen
F. Leyla Tepedelen is a Master of Arts (Cantab).

Nationalism had a remarkably bad press in the latter part of the twentieth century and continues so to do. This is partly due to semantic and conceptual confusion. Semantically, racism, fascism even good old religious warfare, as in the case of Northern Ireland, can be referred to – and in the mass media often are – as nationalism. I have even heard the fighting between the Hutu and Tutu tribes in Africa described as nationalist. Yugoslavia is deemed to have exploded because of nationalism. Latterly, however, thoughtful theorists have developed a neologism to describe this form of almost internecine slaughter as ethno-nationalism.

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