Subjects -> LAW (Total: 1613 journals)
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    - INTERNATIONAL LAW (196 journals)
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INTERNATIONAL LAW (196 journals)                     

Showing 1 - 171 of 171 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 72)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 8)
Anuario Colombiano de Derecho Internacional     Open Access   (Followers: 1)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 3)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 2)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 19)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Borderlands Journal : Culture, Politics, Law and Earth     Open Access  
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 39)
Brooklyn Journal of International Law     Open Access   (Followers: 6)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 5)
Cape Town Convention Journal     Open Access  
Chicago Journal of International Law     Full-text available via subscription   (Followers: 10)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 17)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 7)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 6)
Deusto Journal of Human Rights     Open Access   (Followers: 3)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 251)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 45)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 22)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 7)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 5)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 52)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 13)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 273)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 32)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 13)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 28)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law in Context     Hybrid Journal   (Followers: 18)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 67)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 22)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Planning Studies     Hybrid Journal   (Followers: 9)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Aggression, Conflict and Peace Research     Hybrid Journal   (Followers: 52)
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 19)
Journal of International Economic Law     Hybrid Journal   (Followers: 35)
Journal of International Political Theory     Hybrid Journal   (Followers: 21)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 19)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 8)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 45)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 17)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Paix et Sécurité Internationales     Open Access  
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Facultad de Jurisprudencia     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Tilburg Law Review     Open Access   (Followers: 6)
Transnational Environmental Law     Hybrid Journal   (Followers: 7)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 10)
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  


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Journal Cover
Public and Private International Law Bulletin
Number of Followers: 2  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1308-0385
Published by İstanbul Üniversitesi Homepage  [14 journals]
  • The Issue of Whether Cases Filed by Commercial Agents or Exclusive
           Distributors Operating in Turkey Can be Heard by Turkish Courts Despite
           the Foreign Forum-Selection Clauses

    • Authors: Duygu ERCAN
      Abstract: Disputes regarding goodwill indemnity and compensation claims stemming from commercial agency or exclusive distributorship contracts are subject to the law chosen by the parties in accordance with article 24/1 of the Act on Private International and Procedural Law (PIPL) numbered 5718. Also, parties may agree that disputes with a foreign element arising from contracual obligation shall be settled in a foreign state court (PIPL art.47) or by arbitration. In practice, there are cases where the law chosen by the parties does not grant goodwill indemnification or other termination claims or where the waiver in advance of such claims is valid under that law. The counter-contracting party aiming to evade the mandatory provisions of Turkish law may unilaterally prepare contract provisions regarding jurisdiction clauses besides choice-of-law. Commercial agencies/exclusive distributors may concede these clauses, since they do not have equal bargaining power as the weaker party. Such choice of law generally serves the purpose of the powerful contracting party to eliminate termination claims of the commercial agents and exclusive distributors. In this regard, our study is mainly focused on the issue of whether cases regarding termination claims of self-employed commercial agents or exclusive distributors operating in Turkey can be heard by Turkish courts, in cases where the forum-selection clauses may be regarded as a manoeuvre designed to circumvent the mandatory rules of Turkish law on commercial agents.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • The Law Applicable to Disputes Arising from a Promissory Note with A
           Foreign Element According to Turkish Conflict of Laws’ Rules

    • Authors: Ebru ŞENSÖZ MALKOÇ
      Abstract: In the case regarding the disputes arising from a bill including a foreign element, the Turkish judge shall first determine whether this bill carries the general characteristics of a bill of exchange, negotiable documents, and in particular a promissory note. This examination is called as qualification problem in private international law and qualification should be done by the Turkish material law, which is the law of the judge (lex fori) within the framework of the relevant provisions of the Turkish Commercial Code (TCC no 6102), which entered into force on 1 July 2012. If it is determined that this bill has the general characteristics of the bills of exchange and a promissory note according to the TCC no 6102 and therefore sub-qualifications are made about the disputes related to this promissory note and the law to be applied whether the the promissory note is valid in terms of form or legal capacity and the law to be applied to the legal consequences, the law to be applied to the payment, the law to be applied in case of unjust enrichment related to the nonpayment of promissory note and the law to be applied in the annulment case to be filed in case of loss or theft of the bill and the law applicable to the measures to be taken in that case, must be determined separately. As a rule, in disputes arising from transactions and relations related to private law with a foreign element, although the relevant provisions of the International Private Law and Procedural Law no 5718 (IPPL) dated 27.11.2007 will be applied, in the disputes related to the negotiable documents (check, policy, promissory note) bearing foreign elements, the conflict of laws rules, which are stipulated in the articles 766 to 775 of the TCC under the title ‘Conflict of Laws’ The provisions between articles 766 and 775 concerning article 778/1/j of the TCC, will also be applied for promissory notes. Conflict of laws rules, which are regulated in special laws as TCC, will primarily be applied. Within the scope of our study, it is aimed to examine the relevant conflict of laws rules in the TCC in detail.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Legal Dimension of Climate Migration Matter

    • Authors: Emre KÜLÜŞLÜ
      Abstract: The matter of climate migration, which arises as a result of long-term environmental degradation triggered by climate change and natural and man-made disasters, requires a global struggle due to its negative effects. Carrying out a serious struggle against the matter of climate migration, which is mainly addressed within the framework of its economic, social, political and cultural effects; necessitates the examination of the problem especially with its legal dimension, as well as other aspects.Determining the legal dimension of the climate migration matter, primarily requires to address the concrete characteristics of the issue; correspondingly, it is aimed to introduce the factors causing climate migration and the negative consequences of climate migration within the scope of our study. In line with this stated goal, disasters caused by climate change that occur in various regions of the world and trigger migration movements will be exemplified and how climate migration is addressed in legal regulations for preventing climate change will be find out.Subsequent to introducing the climate migration matter within the framework of its concrete characteristics; the sources of international protection law in force will be examined in order to determine the legal dimension of the struggle to be conducted. The national and international legal regulations considered within the scope of our study, provides no protection opportunity for climate migrants; more clearly, the international community remains unresponsive to the climate migration matter.This unresponsive attitude of the states and the international community regarding the matter of climate migration, requires creating awareness on the matter of climate migration and establishing international regulations that will serve the legal struggle to be carried out within this framework. Within the scope of our study, suggestions are made regarding the form of the legal struggle to be carried out against the climate migration matter that threatens the future of humanity; in this framework, it is stated that an international agreement that will serve to provide legal protection to climate migrants should be signed and, through the said agreement, the obligations of states regarding the climate migration matter should be determined and international organizations that would provide coordination and supervision regarding protection of climate migrants should be established
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Evaluation of the Arctic Region within the Framework of the 1982 United
           Nations Convention on the Law of the Sea

    • Authors: Nesrin SİNGİL
      Abstract: In recent years, as a result of the melting of glaciers, some problems such as the release of greenhouse gases have been faced in the Arctic Region. On the other hand, occuring of new waterways has brought along some opportunities which has facilitated the exploration of natural resources such as natural gases and oil in terms of coastal states. Obviously, this situation has increased the importance of the Region. Therefore, especially the coastal states tend to expand their maritime areas in the Region. In the Arctic, the solution of the problems related to the maritime areas should be considered within the 1982 United Nations Convention on the Law of the Sea. Arctic states, except the USA, are party to this Convention. However, the USA is bound to this convention in terms of the provisions that are considered as international customary law. In addition, this Convention is essential to ensure the governance in the Region and the prevention of marine pollution.In this study, the Arctic Region is discussed within the framework of the 1982 United Nations Convention on the Law of the Sea. In the beginning, the general characteristics of the Region are examined first. Then, the Arctic Council which emerged as a result of the need for cooperation in the Region is mentioned. Later, effects of global climate change on the Region are aimed to be shown. In the second part of the study, the Arctic Region is discussed in terms of UNCLOS. In this framework, Article 234 with the title “ice-covered areas”, which we can call a special arrangement for the Region, is discussed. Then, the maritime areas of the Arctic Region are elaborated. Within this scope, territorial sea, straits, continental shelf, exclusive economic zone and high seas in the Arctic Region have been handled under separate titles. These maritime areas have been evaluated within the framework of the relevant provisions of the Convention.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Some Reviews on Sherapat Yagmyrova Decision* of Constitutional Court

    • Authors: Esra Gül DARDAĞAN KİBAR; Doğa ELÇİN , Ogün Erşan AYDINLI
      Abstract: Constitutional Court has delivered a judgement dealing with her assortment that was put forward by Sherapat Yagmyrova (Yagmurova) including violation of private and familial life, principle of equality, cruel treatment and torture for her deportation, and violation of personal liberty and security resulted from her being kept under detention. In this judgement, due to violation of the applicant’s private and familial life hasn’t been based upon any ground; and her assessment on violation about equality principle and interdiction of discrimination also doesn’t have any ground; and also, her assessment on personal liberty and security would not be admitted since not being exhausted of domestic remedies. The aforementioned application judgement calls attention due to both its current date and the abundance of assertion of violation and it also reflects the latest attitude of the Constitutional Court on various questions. On the other hand, since the subject of decision includes a controversial topic such as being deported due to a communicable disease has been considered to be evaluated. In this study, the applicant’s assertion has been evaluated in the light of both previous adjudgments of the Constitutional Court and European Court of Human Rights. Within this scope, the judgement of the Constitutional Court about Sherapat Yagmyrova (Yagmurova) has been evaluated and the subjects dealing with application have been taken into account.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • The Rights of Custody and Access in the Framework of the Hague Convention
           on the Civil Aspects of International Child Abduction

    • Authors: Ebru AKDUMAN
      Abstract: Turkey is a signatory state to the “Hague Convention On The Civil Aspects Of International Child Abduction” starting from 2000. The essential aim of the Convention is the prompt return of the child to his/her state of habitual residence in case of wrongful removal or retention in breach of the custody right. In order to realize the implementation of the Convention accordingly, it is important to determine the scope of the terms of “habitual residence”, “law of the state of habitual residence”, “custody right” and “access right”. For the application of the Convention, the habitual residence of the child -which refers to the actual place of residence right before the removal- should be located in a contracting state. However, the term of habitual residence is not defined in the Convention unlike the rights of custody and access. In the Convention, the term of custody right is preferred to guardianship and described as “right relating to the personal care of the child and, in particular, the right to determine the child's place of residence”. The legal systems may use different terminology for custody right like guardianship but, what matters is the rights and duties entitled to this right. Access right, in other words, visitation right is another important term in the Convention and grants “the right to take the child for a limited period of time to a place other than the child's habitual residence”. It is not clear from the related article that the child can be taken to a state which is not signatory to the Convention. It is not explicit in the Convention whether the conflict of law rules of the state of the child’s habitual residence will be applied as being the part of that state’s law. In principle, renvoi is not considered in international conventions. However, determination of the rights of custody and access by the substantive law referred to by the private international law of the state of the child’s habitual residence will better suit the main purpose of the Convention.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • valuation of the Decision of the 14th Civil Chamber of the Supreme Court
           Regarding the Right to Agricultural Pre-Emption, Dated 15.01.2019 and
           Numbered 2018/3654 E.-2

    • Authors: Cevdet YAVUZ ; Osman AÇIKGÖZ
      Abstract: Considering that there are not enough regulations in our law to protect agricultural land and to prevent fragmentation, amendments have been made to the Law on the Amendment to the Land Protection and Land Use Law and Law No. 6537 on the Land Protection and Land Use Law, and certain articles in the Turkish Civil Code (TCC). The main purpose of these changes and regulations is to protect and improve the soil by eliminating the deficiencies in Land Protection Land Use Law No. 5403. Because the delayed implementation of legal regulations aimed at preventing the fragmentation of agricultural lands led to rapid shrinkage and fragmentation through sales and inheritance, agricultural production and economic efficiency were adversely affected. Considering these negativities, the Lawmaker has reorganized the “transfer of ownership system” in terms of agricultural lands. Different measures have been introduced in terms of content and method to prevent the sharing of agricultural lands between the heirs. One of them is that the "right to agricultural preemption" is regulated. Accordingly, when agricultural lands are sold to third parties, other than the standard boundary agricultural landowners, legal (agricultural) right of preemption arises in favor of other agricultural landowners (boundary) that have a border to the agricultural land sold. It has been stated that the provisions of TCC will be applied in exercising the right. It is stated that if more than one boundary agricultural landowner uses his right to preemption, the criterion of “agricultural integrity” will be applied. With the same law, the subparagraphs (h) and (ı) of the first paragraph of Article 3 of Law No. 5403 were amended and the criteria of “Minimum agricultural land size” and “Sufficient income agricultural land size” that constitute the division boundary of agricultural lands were introduced. The determination of the meaning and function expressed by the mentioned criteria in the birth and use of the right to agricultural pre-emphasis is important in terms of the Supreme Court decision, which constitutes our examination topic.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • International Jurisdiction Of Turkish Courts In Adoption Cases

    • Authors: Melis AVŞAR
      Abstract: Within the scope of this study, the issue of international jurisdiction of Turkish courts in adoption cases with foreign elements was examined. In these cases, the international jurisdiction of Turkish courts is determined within the framework of the jurisdiction rules of article 40 of Turkish Private International Law Code (PIL) and its following. In this direction, the jurisdiction rules regulated in article 40 of the PIL and article 41 of the PIL, which can find application areas in terms of adoption cases, were first examined. According to article 40 of the PIL, the international jurisdiction of Turkish courts will be determined by the jurisdiction rules of the domestic law. In terms of adoption cases, the rule that shows the jurisdiction in terms of place in domestic law is included in article 315 of the Civil Code. In article 41 of the PIL, on the other hand, a special jurisdiction rule is stipulated in terms of cases related to the personal status of Turkish citizens. Adoption lawsuits are accepted from cases related to the personal status of Turkish citizens. For this reason, if one of the parties is a Turkish citizen, article 41 of the PIL may find application area. Secondly, the adoption system of the Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (Turkey is party to it) was examined. And the effects that this system could have on the international jurisdiction of Turkish courts were examined.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Counterclaims in the Realm of Investment Arbitration

    • Authors: İnci ATAMAN FİGANMEŞE
      Abstract: Saluka davası kapsamında verilmiş yetki kararıyla ev sahibi devletlerin ‘Yatırım Teşvik ve Koruma Sözleşmelerinde (YTKS’lerde)’ yer alan tahkim klozlarına istinat etmek suretiyle karşı dava açma olanağına sahip oldukları teorik olarak ortaya konmuş olsa da, karşı davaların hükme bağlanabilmesinin tâbi olduğu yetki ve kabul edilebilirlik şartlarının yerine gelmiş olup olmadığının belirlenmesinde nasıl bir anlayışın tatbiki gerektiği konusunda henüz netleşmiş standartlar oluşturulamamıştır. Meselâ karşı davanın, tarafların tahkim rızasının kapsamı içinde olup olmadığının belirlenmesi konusunda ağırlıklı olarak YTKS’de yer alan tahkim klozunun kapsamından yola çıkılmış olunsa da, bazı hakemler, yatırmcının tahkim davası açmakla ev sahibi devletin açacağı karşı davaları da tahkim rızasının kapsamına dahil etmiş kabul edilmesi gerektiğini ileri sürmüşlerdir. Diğer yandan, YTKS’ler genellikle yatırımcıya yükümlülük getirmediklerinden, ev sahibi devletler yatırımcının ancak mahallî hukuku veya aralarındaki sözleşmeyi ihlâl etmiş olduğunu ileri sürmeleri mümkündür; ev sahibi devletlerin YTKS hükümleri dışında kalan bu ihlâllere dayanmak suretiyle karşı dava açıp açamayacaklarına ilişkin olarak son dönemde verilmiş az sayıdaki karar dışında net bir cevap ortaya konmamıştır. Kabul edilebilirlik şartını teşkil eden, karşı dava ile asıl dava arasında bağlantı bulunması şartı bakımından, çoğunlukla asıl dava ile karşı dava arasında “hukukî bağlantı” bulunması aranmışsa da, “vakıalar bakımından bağlantı” bulunmasının yeterli olacağına karar verilmiş olan tahkim davaları da bulunmaktadır.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Arbitrating Business and Human Rights Disputes

    • Authors: Zeynep Derya TARMAN
      Abstract: Keeping the negative impacts of business activities on human rights and the weak position of the victims as well as other parties, the Hague Rules on Business and Human Rights Arbitration (Hague Rules) have recently been adopted with the description that international arbitration holds great promise as a method to be used to resolve human rights disputes involving business. While there are criticisms about the practicability and the usefulness of the Hague rules, with certain consideration for improvement, the Hague Rules can be an effective step towards achieving justice for victims of Business and Human Rights violations and abuses. This paper aims to present first the history of creation and analysis of the effectiveness of the Hague Rules, and second, to elaborate on why arbitration is a good option for Business and Human Rights disputes. After that, the paper will present the challenges related to the applicability of the rules followed by its future implications.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • The Review of Mandatory Mediation in Terms of the Right of Access to

    • Authors: Sibel ÖZEL
      Abstract: Mediation as a method of ADR (alternative dispute resolutions) is a process whereby parties attempt to solve their disputes with the assistant of a third person. Therefore, it seems strange to call something “mandatory mediation” because it requires for parties’ voluntary participation during the process. However, it is argued that there is a distinction between voluntariness into and within the process. Thus, that coercing parties to attempt mediation is not necessarily tantamount to enforcing settlement. Mandatory mediation may appear as a condition for the admissibility of an action before courts. The second type of mandatory mediation appears as court-referred mediation that gives judges power to refer parties’ mediation regardless of their consent. The third is described as quasi-compulsory because it is indirectly compelled through adverse cost orders if not undertaken prior to commercing proceeding. This paper reviews mandatory mediation in terms of access to justice which is constituted by the principle of judicial protection enshrined in Art 6 and 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Türk Ticaret Kanununun Ortaklıklar Topluluğuna İlişkin
           Milletlerarası Özel Hukuk Kuralı Niteliğindeki Hükümleri

    • Authors: Ünal TEKİNALP
      Abstract: 6102 sayılı Türk Ticaret Kanununun (“TK”) yeniliklerinden biri de, uygulamada yani piyasada “grup” olarak ifade edilen, bir hâkim (ana) ortaklık veya teşebbüs ile ona bağlı (yavru) ortaklıklardan ve teşebbüslerden meydana gelen merkezî, ticari ve endüstriyel yahut hizmet işletmesi yoğunlaşmasını [bundan sonra “ticari yoğunlaşma” denilecektir], ülkemizde ilk defa düzenlemesidir. TK’da “şirketler topluluğu” diye adlandırılan bu kavram, özel bir ortaklıklar ve/veya teşebbüsler yoğunlaşmasıdır. TK’nın düzenlemesinin amacı, tekelleşmeyi meşrulaştırmak değil, ticari yoğunlaşmayı ekonomiye, dolayısıyla topluma yararlı hale getirmektir. Amacın ağırlık merkezini, hâkim ortaklığın veya teşebbüsün hukuka aykırı davranışlar ve kararlarla, bağlı ortaklıkların TK m. 202(1) anlamında kayba uğramalarına engel olmak, verilen kaybın süresi içinde denkleştirilmesini, yani kapatılmasını gerçekleştirmek, kayıp zamanında yok edilmediği için zarara dönüştüğü hallerde bunun tazminini sağlamaktır. Böylelikle, pervasız ve sağduyusuz hâkim ortaklık veya teşebbüslerin, bağlı ortaklıkların menfaatlerini ihlal etmeleri önlenmiş, hakkaniyetli bir yararlanma dengesinin kurulması hedeflenmiştir.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Effectivity and Validity of Choice of Law, Choice of Court, and
           Arbitration Agreements Stipulated in Terms and Conditions Under Turkish

    • Authors: Berk DEMİRKOL
      Abstract: While entering into a contract, parties may stipulate in a clause of this contract a special provision envisaging the law applicable to the legal relationship between the parties or the court or arbitral tribunal before which any dispute arising out of, or in relation to, this contract shall be resolved. These stipulations may be envisaged in contractual terms that are qualified as “terms and conditions” or “general conditions”. If these stipulations are found in terms and conditions, the issue of whether they will be effective will be examined within the context of Articles 20–25 of the Turkish Code of Obligations. In Turkish law, there are other applicable provisions to the validity of terms and conditions under consumer and commercial law. However, this paper does not address the validity of choice of law, choice of court, and arbitration agreements in consumer contracts. It discusses the issue of the effect of the aforementioned stipulations found in terms and conditions against the provisions set forth in contract law and the question of when the requirements in these provisions would be deemed satisfied.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • ICC Model International Franchising Contract as a Source of Lex Mercatoria

    • Authors: Ayşe GÜVERCİN ŞAHAN
      Abstract: The lex mercatoria has gained increasing importance in the field of international commercial law. The International Chamber of Commerce (ICC) is a leading organization among those that have made important contributions to the development of lex mercatoria within this field. In our study general information is given about the concept of lex mercatoria and the sources of new lex mercatoria; additionaly, the general properties of both model contracts and ICC model contracts are explained. Then, after brief information is given on franchising which is the most preferred method of distribution and marketing in the world today, the scope and the features of the ICC Model International Franchising Contract which has been prepared for the convenience of the parties of international franchise agreements is examined.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Future of the Investor–State Dispute Settlement Mechanism in the
           European Unıon After the “Achmea” Decision and “Opinion 1/17”

    • Authors: Pınar KARACAN
      Abstract: This paper aims to discuss two important decisions of the Court of Justice of the European Union, “Achmea” and “Opinion 1/17”, regarding European Union international investment law and to evaluate their effect on the developments and changes in international investment law, especially for investor–state dispute settlement mechanisms. The “Achmea” decision, where the Court found the provisions in Intra-EU BITS regarding investor–state dispute resolution provisions to be in conflict with European Union law, launched a discussion on the applicability of the investor–state dispute settlement provisions in the Energy Charter Treaty. By ending investor–state arbitration among European Union members, the Achmea decision made the Investment Court System discussed in “Opinion 1/17” and the analysis of that decision more important. This paper, with the analysis of these two important Court decisions, aims to discuss these topics. At the same time, other developments in this area are taken into consideration, such as the modernization efforts under the Energy Charter Treaty, reform under the United Nations Commission on International Trade Law (UNCITRAL) Working Group III, other relevant Court of Justice decisions or arbitral awards, and regulations within the European Union, with the goal of shedding light on the developments in this area.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Fighting against the Use of Internet and Social Media for Terrorism
           Purposes and Solution Reccomendations within the Scope of International

    • Authors: Cüneyt YÜKSEL
      Abstract: The fight agasint terrorism has recently become one of the most crucial issues for the international community. Terrorist groups have started to benefit from the possibilities provided by internet and social media, and utilize them in order to command, control and communicate with their networks. They also use internet so as to shape their narratives in a way to address the public concerns and attract new members. The international community has so far invented some legal instruments to develop some solutions for the problem of the use of internet and social media by terrorist groups, and such efforts are particularly led by the United Nations (UN), European Council and European Union (EU). However, it poses some difficulties to do legal regulations on this matter because of the novel features of internet and social media. Finding a fair balance between such regulations and the protection of the individual rights, primarily the freedom of expression, is particularly difficult. Thus, most of the debates revolving around this issue is about finding the right balance between the imperatives of the fight against the use of internet and social media for terrorist purposes and the protection of the freedom of expression. In this article, the boundary between the responsibility of states for fighting against the terorrist content on internet and social media and their obligation to respect and protect the human rights is discussed. Initially, the reality of the proliferation of terrorist propaganda through internet and social media is emphasized and the main concepts in regard to the use of internet and social media by terrorist groups are expounded. Afterwards, the international regulations and decisions of various international legal bodies pertaining to the proliferation of terrorist content through internet and social media are examined. In conclusion, the critical issues about and solution offers for the fight against the use of internet and social media for terrorist purposes are propounded.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Legal Remedies Concerning the Decisions Rendered by Turkish Courts
           Regarding Requests for the Enforcement of Foreign Arbitral Awards

    • Authors: Mine TAN DEHMEN
      Abstract: Turkish law provides legal remedies for a party who is dissatisfied with a Turkish court’s decision regarding the request for enforcement of a foreign arbitral award. Accordingly, the dissatisfied party may challenge the decision of the Turkish court before a higher court. Such a challenge results in the judicial control of the court’s decision on the enforcement of a foreign arbitral award by higher courts. This paper will handle some questions as to the legal remedies provided in Turkish law concerning the decisions on the enforcement of foreign arbitral awards. In this regard, the remedies provided, the impact of these remedies, the scope of the judicial control and the rulings that can be made therein, the requirement of court charges or security will be dealt with. This paper, thus, aims to examine the legal aspects of remedies concerning the decisions regarding the enforcement of foreign arbitral awards in Turkey by emphasising the aspects coinciding with the general provisions laid down for legal remedies and differing from those.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Potential Claims and Defences In International Investment Arbitration Due
           To The Covid-19 Pandemic

    • Authors: Baver Mazlum MERT
      Abstract: States have taken many measures to protect human health and the economy against the Covid-19 virus, which has been declared as a pandemic by the World Health Organization. The measures that have been taken have caused foreign investors to suffer losses in many sectors. It is likely that foreign investors who suffered damages will refer their claims to an international investment arbitration. The measures taken should be evaluated in light of some of the basic principles in international investment arbitration. First of all, if the measures taken by the host states due to the Covid-19 pandemic are against the legitimate expectations of the investors, they will be in violation of the fair and equitable treatment standard. Also, the responsibilities of the states may arise due to the acceptance of heavy and continuous interventions in the management of foreign investments as indirect expropriation. In addition, due to full protection and security standards, states have to provide a suitable business environment for foreign investors. Moreover, the measures taken due to the Covid-19 outbreak may be against the most favoured nation clauses. Lastly, if the host state does not provide support to foreign investors while providing support to its own investors in the same market, it may violate the national treatment standard. On the other hand, there are some conditions that can enable states to avoid responsibility for the measures they have taken due to the Covid-19 outbreak. In this context, states can benefit from the doctrine of necessity, force majeure, the police powers doctrine and treaty exceptions.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Judicial Ethics

    • Authors: Ejder YILMAZ
      Abstract: Ethics are a key ingredient in any social contract. Society is either civil or barbarous depending upon the presence of ethics in individual, commercial, and social spheres. While moral rules express the law in force; ethical rules, on the other hand, express the ideal law (lex ferenda).The concept of professional ethics is increasingly relevant, profound, and popular in today’s judiciary structure. In this context, ethics are closely related to judicature within the framework of “making decisions in accordance with justice.” As in other professions, judges are obliged to fulfill their duties within the framework of certain ethical principles. Various national and international regulations have been established regarding such principles. The two key precepts of judicial ethics are the “principle of independence,” where the judge is not influenced by external pressures, and the “principle of impartiality (neutrality),” where the judge does not succumb to personal inclinations and biases. These principles form the basis of a person’s right to a fair trial. Beyond these two fundamental ethical principles, judges must conduct their duties in accordance with the principle of good faith and within the framework of other rules and legal procedures. For example, judges should conduct legal proceedings in accordance with the universal rules of equality. Their decisions should not be affected by race, color, gender, national origin, or socio-economic status of the parties involved in the case. Accomplishing this ideal depends on the quality of the election system, appointing judges with high values including knowledge, intelligence, experience, affection, and respect for all people and nature. These qualities constitute the core requirements of the judge’s profession, defining competency in the role. This article was written for the purpose of clarifying and evaluating the importance of judicial ethics and fairness in Turkish courts.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • The Common Condition Sought for the Ways of Re-acquisition of Turkish
           Citizenship: Not Being in a Position Constituting an Obstacle for the
           National Security

    • Authors: Rifat ERTEN
      Abstract: Reacquisition of Turkish citizenship is regulated under articles 13, 14 and 43 of the Turkish Citizenship Act No. 5901. Articles 13 and 43 set forth the individuals who may acquire Turkish citizenship without the requirement of residence whereas article 14 designates the persons who may acquire the citizenship with the requirement of residence. Under each provision, groups of persons who may acquire the citizenship through this way, the competent authority and the conditions of acquisition are provided separately. While the condition of ‘not being in a position constituting an obstacle for the national security and public order’ is sought for the other ways of acquisition of Turkish citizenship by the decision of the competent authority, in all of the ways of reacquisition of the Turkish citizenship, ‘not being in a position constituting an obstacle for the national security’ is set as a condition. The concepts of ‘national security and public order’ which are referred by the said conditions are not defined in the Turkish Citizenship Act, and there is no provision that enables us to determine which issues fall under the scope of this requirement. However, some significant provisions are provided under the Implementing Regulation of the Turkish Citizenship Act. In the article, general evaluations are made about the relevant provisions of the Act and the Regulation; subsequently, the possible consequences of the condition of “not being in a position constituting an obstacle for the national security” which is sought for the reacquisition of Turkish citizenship, are discussed.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • International Commercial Courts Versus Arbitration in International
           Commercial Disputes: An Analysis Based on the Netherlands Commercial Court

    • Authors: Barış MESCİ ; Emre ESEN
      Abstract: International commercial courts have become increasingly popular around the world, especially in the last five years. This article discusses the advantages and disadvantages of these courts by comparing them to commercial arbitration. The first part of the article provides information on the resolution options for international commercial disputes. The second part investigates the characteristics that make arbitration the most preferred method in judicial settlements of international commercial disputes. A high degree of commonality exists among international commercial courts established in different states. Therefore, the legal regime of the Netherlands Commercial Court is used as a model in this article to give a general understanding of other international commercial courts. The third part of the article provides general information on international commercial courts and examines the legal regime of the Netherlands Commercial Court. Based on the model of the Netherlands Commercial Court, international commercial courts have advantages and disadvantages when compared to arbitration. In some respects, however, these two dispute resolution mechanisms do not differ substantially. Given the advantages and disadvantages, international commercial courts may weaken to a certain extent the dominant status of arbitration in the resolution of international commercial disputes. However, easy and widespread enforceability of awards is considered the most important reason arbitration is preferred in practice. Judgments of international commercial courts currently lack this feature, at least for the time being.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Family Law Arbitration According To Institute of Family Law
           Arbitrators’ Rules

    • Authors: Yasemin AYDOĞMUŞ AYDOGMUS
      Abstract: Arbitration which has a long history is a dispute resolution method generally preferred for commercial disputes. Today, studies are trying to extend the scope of disputes subject to arbitration, including family law arbitration. The Institute of Family Law Arbitrators (IFLA) was established in the United Kingdom for that purpose and has an important role in family law arbitration. For trials to proceed before the IFLA detailed and specialized rules for the settlement of financial and child-oriented disputes are used. The institute was established by experts in family law and arbitration law. The family law arbitration rules they established run parallel to general arbitration rules and differentiate family law arbitration from commercial arbitration by responding to the special needs of family law and taking secure steps with issues of a public nature. This paper contributes to the legal doctrine by analyzing the institute’s family law arbitration rules. 
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • The Form of Foreign Divorces

    • Authors: Burak HUYSAL ; Begüm SÜZEN
      Abstract: Under Turkish law, divorce is only possible by way of court judgment. Under comparative law, non-judicial divorce is granted before notary publics, by way of administrative acts, or even by mutual consent of the parties. Considering the proliferation of acts of non-judicial divorce, it has become important to determine the legal nature of such acts. In Turkish law, questions concerning the authority and validity of divorce (i.e., whether a foreign, non-judicial divorce can be legally recognized, or whether a granting authority need be present) must be considered. This article, after characterizing the legal nature of non-judicial divorce, will respectively address these questions.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Incoterms® 2020

    • Authors: Cahit AĞAOĞLU
      Abstract: The Incoterms® are internationally accepted standards defined by the International Chamber of Commerce (ICC) and is a trademark of ICC, which define the responsibilities of sellers and buyers depending on how the goods are delivered in sales contracts. These international resources were created to eliminate the differences of interpretation and to accurately and fairly share the costs and risks of goods delivery. The latest version of these rules was enforced from January 01, 2020. With the appropriate consideration for the current commercial practices, the Incoterms® 2020 rules aim to be useful to the practitioners by updating the previous version of the Incoterms® 2010 rules. Thus, Incoterms® 2020 amended one of the existing terms and enriched the content of some terms. In our article, we have attempted to demonstrate the type of changes occurring for each item for different types of delivery in the Incoterms® 2020.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Conditions and Legal Results of Intervevtion and Treatment Measures for
           the Perpetrators of Domestic Violence According to Law No. 6284

    • Authors: Nil KARABAĞ BULUT
      Abstract: Violence against women remains to be a global social issue and causes significant negative impacts on public order. In line with the Council of Europe Convention on preventing and combating violence against women and domestic violence (briefly referred to as the Istanbul Convention), Turkey, a State party, for the purposes of protection and prevention, has reformed its legislation considerably. The "Law No 6284 on Protection of the Family and Prevention of Violence against Women", was adopted on 08.03.2012 and entered into force following its publication in the Official Gazette dated 20.03.2012 and numbered 28239. The Law abrogated the “Law No 4320 on the Protection of the Family” dated 17 January 1998. In addition to the protective measures that can be issued for protecting the victim of violence, the Law No 6284 provides several preventive court-ordered measures in relation to the perpetrator. In this context, the examination and treatment of the perpetrator is regulated under Article 5/1/h,ı and examination and participation in preventive intervention programs can be imposed by family judges upon domestic violence perpetrators. Accordingly, in this study, the conditions, ramifications and significance of this court-ordered preventive measure is evaluated. Upon determining the inadequacy of existing sanctions that are imposed to domestic violence offenders who violate treatment orders, alternative solutions for efficient treatment of the perpetrator and suitable sanctions that aim to protect the victims are provided.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • An Evaluation of Setting Aside of Arbitral Awards on Turkish International
           Arbitration Code

    • Authors: Gizem ERSEN PERÇİN
      Abstract: Under Turkish law, arbitration involving foreign elements is regulated under Turkish International Arbitration Code 4686, which solely addresses setting aside arbitral awards. In this action, parties file cases before the local court based on the Code’s numerus clausus grounds for setting aside of arbitral awards; if the case is accepted by the local court, the award is partly or entirely annulled. In accordance with the policy of setting aside such an award, the trial restarts before either an arbitral tribunal or a local court, which markedly increases judicial costs in addition to wasting. On the one hand, broad interpretation of the grounds for setting aside arbitral awards could increase the number of such awards that are annulled, which could interfere with and impede Turkey’s goal of becoming an attractive hub for arbitration. On the other hand, an arbitration system with no system for annulment could allow for enforcement of unjust arbitral awards. Therefore, determining clear boundaries for both the grounds and the procedure for setting aside arbitral awards is crucial. In this study, Turkish International Arbitration Code is compared with both the UNCITRAL Model Law on International Commercial Arbitration (1985) and Switzerland’s Federal Code on Private International Law, which are the sources of Turkey’s code to assess differences in the regulations.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Jurisdiction of Turkish Courts to Grant Interim Measures regarding
           Disputes with Foreign Element

    • Authors: Bilgin TİRYAKİOĞLU
      Abstract: The power of Turkish courts to grant interim measures in disputes containing foreign elements has received critical discussion among scholars. In our view, the lack of any special provision in the Act on Private International and Procedural Law (PIPL) giving Turkish courts power in this matter does not in itself lead to any problem in arbitration. This is because, under the International Arbitration Act, Turkish courts have the power to grant interim measures, irrespective of whether the arbitration takes place in Turkey or in a foreign country. However, there are important factors to consider in regard to the question whether Turkish courts have the power to issue interim measures in relation to disputes with foreign elements that are brought before state courts. The power of the Turkish courts to grant interim measures in relation to disputes that are brought before them or before foreign courts is currently being considered within the scope of the domestic jurisdiction rules in PIPL. Article 390 of the Civil Procedure Law, which is regulates the competency of the court to hear interim measure applications, is insufficient for this purpose, as it was drafted with regard only to matters of domestic law. The best way to reduce the problems caused here is adding a provision to PIPL that regulates the power of the Turkish courts to rule on interim measures.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • NATO Rules of Engagement: On ROE, Self- Defence and the Use of Force
           during Armed Conflict (Brill Nijhoff 2020, ISBN: 978-90-04-40167-9, xii +

    • Authors: Sezai ÇAĞLAYAN
      Abstract: Kitap, silahlı çatışmalar hukuku, meşru müdafaa ve angajman kuralları arasındaki ilişkiyi inceleme bakımından önemli bir kaynaktır. Giriş hariç dört kısımdan oluşmaktadır. Birinci kısımda, angajman kurallarının ne olduğu ve NATO Angajman Kuralları kataloğundaki kuvvet kullanma durumları tanımlanmaktadır. İkinci kısımda, silahlı çatışmalar hukuku ve meşru müdafaa bağlamında kuvvet kullanımının hukuki dayanakları ele alınmıştır. Üçüncü kısımda, “Operasyonel Kuvvet Kullanma Kategorileri”ne yer verilmektedir. Bu kısımda angajman kurallarına dair önemli parametreler olarak bilinen, “hasmane hareket”, “hasmane niyet”, “hasmane hareketlere doğrudan katılım” kavramları incelenmiştir. Dördüncü kısımda, NATO Angajman Kurallarının daha etkin hale getirilmesi için gerekli önerilere yer verilmektedir.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Uluslararası Tarım Ürünleri Ticaretinde Tahkim, FOSFA
           ve GAFTA, Londra

    • Authors: Jacques COVO
      Abstract: Her yıl 375 milyon ton tahıl, uluslararası pazarlarda satılmaktadır. İhracatçı ülkeler listesinde ilk sırada ABD; ikinci ve üçüncü sırada ise Arjantin ve Ukrayna yer almaktadır. Avrupa Birliği ise 2019 – 2020 sezonunda 36 milyon ton ile ihracatta beşinci sırada yer alan bir güçtür. Karadeniz havzası ülkeleri de dünyada ticarileştirilmiş 107 milyon ton ile buğday, arpa ve mısırdan oluşan üç pazara hakimdirler. Ayrıca Karadeniz üzerinden Kazakistan, Rusya ve Ukrayna da tarım ürünleri ihraç etmektedirler. Bu bilgileri edindiğim 9.1.2020 tarihli Fransız gazetesi ''L'Oise Agricole''e göre, 2020 yılının ilk 6 ayında ABD, Brezilya, Güney Afrika (ki, son ikisi mısır ticaretinde, büyük ihracatçılardır) ve Avrupa Birliği'nin yaklaşık 356 milyon ton tahıl ihraç edeceği öngörülmüştür. Çoğunluğu FOB veya CIF tek-tip ihracat sözleşmelerine tâbî, deniz aşırı satışlar olan bahse konu bu miktarlar, dünya tahıl üretiminin yaklaşık %20'sine tekabül etmektedir. Dolayısıyla bu sözleşmelerden doğabilecek hukuki sorunların boyutunu ve tâbî olabilecekleri tahkimin önemini anlamak kolaydır.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Law Applicable in International Commercial Arbitration

    • Authors: Işıl ÖZKAN
      Abstract: In this article titled “Law Applicable in International Commercial Arbitration”, different legal rules to be applied to the various elements of arbitration are discussed. The legal capacity to make an arbitration agreement, the eligibility to arbitration in terms of subject matter and law to be applied to the form of the arbitration agreement are amongst those subjects that will be examined. The capacity is subject to the national law of parties and the eligibility to arbitration in terms of subject matter is subject to the law of country in which the award will be recognised and executed. Then the law to be applied to the base will be determined according to whether the parties made a choice of law. If the parties have not chosen a law, the arbitrators can determine the applicable law according to various rules. These rules would be a conflict of law rules of lex arbitri or the proper law of contract. Lex mercatoria is the most applied one among these rules. The will of the parties to resolve according to the general principles of law or according to the usage and practice is sufficient for the arbitrators to apply lex mercatoria.Unlike the law to be applied to the base, the law to be applied to the procedure is generally subject to the place of arbitration law. It would be determined by the arbitrators if the parties did not choose a law. The will of the parties may also play a role. In the case that the parties didn’t choose the rule of law for the procedure, the arbitrator or arbitrators can apply any proper law of contract including institutional rules of procedure like ICC.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Alternatives to Immigration Detention in Comparative Law and International

    • Authors: Meltem İNELİ CİĞER
      Abstract: The term ‘alternatives to detention’ refers to the range of measures that fall short of full deprivation of liberty or administrative detention. The Turkish Law on Foreigners and International Protection (Law No 7196) was amended on 6 December 2019. With this amendment, alternatives to immigration detention were introduced to the Turkish asylum laws. Introduction of these alternatives constitutes an important development especially considering its implications for the right to liberty and security of migrants in Turkey. Despite this importance, there are very few academic sources written in Turkish on this matter. The aim of this article is to contribute to the existing literature by examining alternatives to immigration detention in international law and comparative law. In doing so, the first part of the article will examine the international law framework and identify elements of alternatives to immigration detention that are in line with fundamental rights through an analysis of the relevant literature and the European Court of Human Rights jurisprudence. Whereas, the second part of the article will analyse how the alternatives to immigration detention are regulated and implemented in the United Kingdom, Canada and Austria. In light of this analysis, the conclusion will make a number of recommendations on the regulation and implementation of the alternatives to immigration detention in Turkey.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Possible Ratification of the Hague Convention by Turkey and Its Effects to
           the Recognition and Enforcement of Foreign Judgments

    • Authors: Ceyda SÜRAL EFEÇINAR
      Abstract: The recognition and enforcement of foreign court judgments in Turkey have been regulated by the International Private and Procedural Law Act, which was entered into force on 4 December 2007 (hereinafter referred to as “PILA”) in Articles 50-59. According to the Turkish Constitution Article 90/V, international conventions shall have the same effect as national laws. In Article 1/2 PILA, it is emphasized that the provisions of international conventions prevail over the provisions of PILA. Therefore, if Turkey ratified the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (hereinafter referred to as the “Convention”), its provisions would prevail over PILA in cases within the scope of the Convention. In this study, the provisions of the Convention and PILA are compared in order to determine to what extent the recognition or enforcement of foreign court decisions would be facilitated in Turkey in the event that Turkey ratified the Convention. It is hypothetically accepted that not only Turkey, but also all other South East European countries mentioned in the study would ratify the Convention.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Obligation of Cautio Judicatum Solvi of Asylum Seekers

    • Authors: Musa AYGÜL
      Abstract: In principle, no security is required for anyone who files a lawsuit, intervenes in a lawsuit, or initiates execution proceedings before a Turkish court. However, in some exceptional cases stated in legal regulations the person who files a lawsuit, intervenes in a lawsuit, or initiates execution proceedings could be required to provide security. One example in this regard is the situation, as regulated under Article 48 of the Act on Private International Law and International Civil Procedure (IPPL), that the person filing or intervening in a lawsuit or initiating execution proceedings before a Turkish court is a foreign national. This is, however, an issue related with the right to a fair trial within the scope of the right to access to the court (Art. 6 of the ECHR and Art. 36 of the Turkish Constitution). Unless the contrary is provided as in Art. 16 of the 1951 Geneva Convention, foreign nationals residing in Turkey could be regarded as persons falling within the scope of application of Art. 46 of the IPPL. There is no special regulation in Turkish law regarding the liability of cautio judicatum solvi of conditional refugees, holders of subsidiary protection status owners, holders of temporary protection and international protection applicants, who came to Turkey for international protection but could not acquire the status of refugees due to the geographical reservation of Turkey to the 1951 Geneva Convention. In this paper, the liability of cautio judicatum solvi of these individuals, who are considered under international protection, is evaluated in the light of the right to access to the court and fair trial, and the question of whether they are under the obligation of exe cautio judicatum solvi under Art. 48 of the IPPL or Art. 84 of the Turkish Code of Civil Procedure is examined.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • 1958 Tarihli Yabancı Hakem Kararlarının Tanınması ve İcrası
           Hakkındaki New York Sözleşmesi’nde Yapılması Teklif Edilen

    • Authors: Abdullah Harun KORKMAZ
      Abstract: 1958 Tarihli Yabancı Hakem Kararlarının Tanınması ve İcrası Hakkındaki New York Sözleşmesi milletlerarası tahkim alanında yapılmış en önemli düzenlemedir. Hatta bu sözleşme, milletlerarası akitlerin hızla yol almasını sağlayan bir “otobana” benzetilmiştir1. İçinde bulunduğumuz zaman itibariyle Sözleşme altmışıncı yılını doldurmak üzeredir. Bu süre zarfında genel olarak dünyada ve milletlerarası ticaret özelinde birçok gelişme meydana geldiği için bazı hukukçuların zihninde Sözleşme hükümlerinin de değişmesi gerektiği fikri uyanmıştır. Bunlardan biri olan Albert van den Berg 1998 yılındaki bir konuşmasında2 Sözleşme’nin değiştirilmemesi gerektiğini savunurken daha sonra fikrini değiştirmiş ve bizzat yeni bir sözleşme taslağı hazırlamıştır. Miami Taslağı olarak anılan bu taslak, esasen müellifi van den Berg tarafından Miami’de “New York, Avrupa ve Panama Sözleşmeleri” başlıklı 2009’da gerçekleşen bir konferansta sunulduğu için, devletlerin hukuki sorumluluklarıyla ilgili hazırlanan meşhur “Harvard Taslağını” yad edercesine “Miami Taslağı” ismini almıştır3.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Recht auf Beweis” or “droit a la preuve” in International
           Arbitration and Law Applicable to Limit of the Right

    • Authors: Cemile DEMİR GÖKYAYLA
      Abstract: UNCITRAL Model Law does not stipulate detailed rules of evidence but grants the parties and the arbitral tribunal the power to agree or determine the rules of evidence subject to the mandatory provisions of lex arbitri. The Model Law also states that the parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. Consequently, under the Model Law, the parties and the tribunal’s power to rule the evidence is restricted by the mandatory rules of lex arbitri, rights to be heard and the equality of the parties. The right to be heard subsumes the right to present his case. From Civil Law perspective, “Recht auf Beweis” in German or “droit a la preuve” in French corresponds to the right to present his case. These are all procedural fundamental rights that the parties shall be given through arbitral proceedings. In principle, lex arbitri governs the parties’ rights to be heard (involving presenting of his case). Whilst the right to present his case is a fundamental procedural right there are important limits of the same. The questions to be answered are (i) what the limits are in international arbitration and (ii) which law governs them. Lex arbitri cannot be the only law who governs these limits for two reasons. First, all of the limits provided in the domestic law of the place of arbitration should not apply to international arbitration because of their domestic nature. Second, the limits argued by the parties may base on law other than lex arbitri. This paper attempts to answer these questions and clarify some problems of terminology from Turkish law perspective.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • 2 Temmuz 2019 Tarihli Hukukî ve Ticarî Konularda Yabancı Mahkeme
           Kararlarının Tanınması ve Tenfizine İlişkin Lahey Anlaşması
           Türkçe Metni

    • Authors: Ahmet DÜLGER ; Merve DÜLGER
      Abstract: Aşağıda imzası bulunan, Almanya, Amerika Birleşik Devletleri, Arjantin, Arnavutluk, Avrupa Birliği, Avustralya, Avusturya, Belarus, Belçika, Brezilya, Bulgaristan, Çek Cumhuriyeti, Çin, Danimarka, Ekvador, Estonya, Fas, Filipinler, Finlandiya, Fransa, Güney Afrika, Hırvatistan, Hindistan, Hollanda, İngiltere ve Kuzey İrlanda, İrlanda, İspanya İsrail, İsveç, İsviçre, İtalya, Japonya, Kanada, Kazakistan, Kıbrıs, Kore, Kosta Rika, Letonya, Litvanya, Lüksemburg, Malta, Macaristan, Meksika, Mısır, Moldova Cumhuriyeti, Norveç, Paraguay, Peru, Polonya, Portekiz, Romanya, Rusya Federasyonu, Sri Lanka, Sırbistan, Singapur, Slovakya, Slovenya, Suudi Arabistan, Şili, Tunus, Türkiye, Ukrayna, Uruguay, Ürdün, Vietnam, Yeni Zelanda, Yunanistan ve Zambiya delegeleri ile gözlemci olarak katılan Birleşik Arap Emirlikleri, Endonezya, İran, Özbekistan, Tayland, ve Zimbabve üyeleri ve temsilcileri 18 Haziran ve 2 Temmuz 2019 tarihleri arasında Lahey’de, Hollanda Hükümeti’nin daveti üzerine Yirmi-İkinci Lahey Uluslararası Özel Hukuk Konferansı oturumuna katılmışlardır.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • Protection Orders Issued by a Judge under Law No 6284 Article 4 in light
           of the General Principles of the Istanbul Convention

    • Authors: Cansu KAYA KIZILIRMAK
      Abstract: “Law No 6284 on Protection of the Family and Prevention of Violence against Women”, and the Istanbul Convention are the primary sources in Turkish law for protecting women against all forms of violence, and preventing and eliminating violence against women and domestic violence. The Law prescribes various types of measures for prevention and protection. The protection orders may be issued by a family judge or by administrative chiefs, i.e. governor, mayor. In this study, the protection orders that can be issued by a family judge regulated under Article 4 of the Law No 6284 are evaluated. In practice, failure to provide accurate application of the Law and to facilitate proper implementation create difficulties which ultimately deter securing appropriate protection and prevention against all forms of violence covered by the scope of Law No 6284 and the Istanbul Convention. Consequently, upon reviewing the purpose and the scope of Law No 6284, and the general principles of protection orders, judicial protection orders regulated under Art. 4 are individually evaluated. Upon analyzing the relevant provisions, solutions for errors of application and for challenges faced in implementation are provided in light of the relevant provisions of the Istanbul Convention.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
  • The Evaluation of Legal Instruments Regarding the Residence of Foreign
           Victims of Human Trafficking As One of the Problems of Forced-Irregular

    • Authors: F. Elif ÇELİK
      Abstract: Human trafficking is one of the most common problems in the world and its consequences directly affect many lives. In the annual trafficking reports published, there are millions of victims who have been forced into various situations such as forced labor, sex work, child and sham marriages, and who have become victims of human trafficking. As modern slaves, the common feature of these people is that they are forced or abducted by force or threat of violence, regardless of whether they are willing or not. Their helplessness is exploited through cheating, deception or abuse of influence. They are abused by human traffickers who use them to make a profit and they are frequently transferred from one place to another.It is accepted that the victimization caused by human trafficking should be clearly defined as “human rights violation”. The most serious infringements of human rights are the violations of the right to personal and physical dignity, the right to personal freedom and security, and the principle of non-discrimination. The reasons behind the temporary residence of trafficked persons are based on international human rights obligations and human concerns, such as the principle of non-refoulment. The short-term residence permits shall be renewed if the victimization conditions continiue; in some situations a long-term residence permit can be granted. Under Turkısh law, a short-term residence permit is granted by the governorates to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims.
      PubDate: Wed, 30 Dec 2020 00:00:00 +030
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