Sovereignty in Transition: The Ottoman Mixed Commercial Courts in the Long 19th Century

Project: Research project

Project Details

Description

The forthcoming monograph (in French) is an extensively reworked adaptation of my PhD dissertation.

Layman's description

The Ottoman Mixed Commercial Courts, established in the mid-19th century, played a critical role in the transition of the Ottoman concept of sovereignty. These courts partly emerged as a response to the extraterritorial consular courts imposed by Western powers, which undermined the Ottoman Empire's judicial sovereignty. By integrating both Ottoman and foreign judges, the mixed courts provided a legal framework for resolving commercial disputes involving foreigners on Ottoman soil. This initiative was part of the broader Tanzimat reforms (1839-76) aimed at ‘modernizing’ the Empire and eventually asserting its sovereignty in the face of Western colonial pressures.
The mixed courts embodied a hybrid legal system that balanced the principles of legal pluralism and territorial sovereignty, reflecting the Empire's efforts to adapt to the evolving international legal standards of the 19th century. Their establishment within the framework of the capitulations (often called 'unequal treaties'), and the struggle for their abolition highlight the complex dynamics of transitioning legal systems and concepts, as well as the endeavor for both the safeguard of the weakening empire and its recognition on the international arena. The Ottoman Mixed Commercial Courts thus symbolize a pivotal moment in the Empire's legal and political evolution, illustrating the weaponization of western legal tools against colonial ambitions.
StatusActive
Effective start/end date1/01/19 → …

Keywords

  • Ottoman Empire
  • sovereignty
  • Long 19th century
  • extraterritoriality
  • legal pluralism
  • Semi-colonialism
  • Imperialism
  • commercial litigation
  • global legal history
  • History of international law
  • Critical studies

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