Hukuk Fakültesi
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Article Citation Count: 0ARE THE ARBITRATORS SUITABLE TO APPLY PUBLIC POLICY PROVISIONS IN INTERNATIONAL COMMERCIAL ARBITRATION?(Seçkin Yayıncılık, 2017) Ersoy, Yunus EmreStates virtually maintain some restrictions upon the subject matter of arbitration such as states’ public policy provisions. The extent of public policy in the international commercial arbitration becomes more comprehensive than that of the New York Convention, where it might be a defence against enforcement when the arbitral award is rendered; hence the problem occurs only at the final stage of arbitral process. Besides that, arbitrability also directly relates to public policy provisions that has effect on the base of the arbitration agreement or, more specifically, arbitration clause. It seems that arbitrators will have more discretion in arbitration process as to applying of domestic public policy provisions in the future, but are they really suitable to do that?Article Citation Count: 1Concept of Smart Contracts A Legal Perspective(Kocaeli Üniv. Sosyal Bilimler Enst., 2018) Karamanlıoğlu, ArgunTeknolojik gelişmeler, gittikçe önem kazanan yeni hukuki kavramların da önünü açmaktadır. Günlük hayatta, Özel Hukuk alanında en çok gerçekleştirilen hukuki işlem türü sözleşmelerdir. Bu özelliği itibarıyla, söz konusu teknolojik gelişmeler, Sözleşme Hukuku alanında üzerinde büyük ve hızlı bir etkiye sahip olmaktadır. Akıllı sözleşme (smart contract) kavramı da teknolojik gelişmelerin, Sözleşme Hukuku alanına getirdiği son gelişmelerden biridir. Esasen, akıllı sözleşme kavramı, adının uyandırdığı izlenimin aksine, yeni bir sözleşme türü olmayıp; sözleşmeden doğan borçların ifası bakımından önemli çözümler getiren bir kavramdır. Çalışmamızda, akıllı sözleşme kavramının tanımı yapıldıktan sonra, akıllı sözleşmenin teknik altyapısı ile ilgili temel bilgiler verilecek ve akıllı sözleşme sürecindeki işlemler hukuki yönden nitelendirilecek ve akıllı sözleşmenin avantajları ve dezavantajları ortaya konulacaktır. Ayrıca akıllı sözleşmelerin hukuki yönden sağlayacağı kolaylıklar ile uygulamada ortaya çıkabilecek olası sorunlar da tartışılacaktır.Article Citation Count: 1A critical analysis of current legal developments on the political participation of minorities in Turkey(2010) Akbulut, OlgunThis is a follow-up article to the one published in the IJMGR half a decade ago (Vol. 12 2005). Although there have been domestic and international legal cases that are directly concerned with the political participation of minorities in Turkey few improvements have been made in law covering the subject. This encouraged this author to analyse and criticise the judgements of the European Court of Human Rights and the legal and political actors at domestic level. The aim of this article is to reflect upon how international human rights monitoring affects national laws in certain thorny issues such as the rights of minorities. Since the current and previous articles have a common theme and complement each other I strongly recommend reading both articles. © 2010 Martinus Nijhoff Publishers.Article Citation Count: 0Debate on patentability of biotechnological studies in Turkey.(2007) Memiş, TekinThe article examines the legislative attempts to regulate the protection of biotechnological inventions through patent in Turkey. In line with the membership process of Turkey to the European Union the Turkish Draft Law on the Protection of the Patent Rights is in compatible course with the Directive 98/44 EC of the European Parliament and of the Council on the Legal Protection of Biotechnological Inventions. According to the present article holds a critical view towards the Turkish Draft Law on the Protection of the Patent Rights and the EU Directive. Concepts of invention discovery simple and qualified invention that are in the both instruments are especially examine.Other Citation Count: 0A GENERAL OUTLOOK ON THE ISSUE OF TRADE RESTRICTIONS IN ROMAN LAW(Dokuz Eylül Üniversitesi Hukuk Fakültesi, 2019) Söğüt, İpek SevdaThe legal sources of Roman law, mainly face trade restrictions in the context of the relationship between patron and freedman (libertus). It is no coincidence that, the issue arose in that particular context. Before slaves were set free, they would often acquire special knowledge and skills from working in the masters’ businesses. If a slave was set free to administer, the estate of his former master as procurator (a representative in terms of a general power of attorney), his livelihood was secured. In other cases, he had to establish his own occupation to survive after his manumission. His obvious choice would have been the occupation he had learned under his former master and present patron. For example, the freedman of a medical doctor could become a doctor himself and the freedman of a slave-dealer did not begin agitate for the abolition of slavery, but became a slave-dealer himself.Article Citation Count: 15Internal Customer Satisfaction Improvement with QFD Technique(Emerald Group Publishing Limited, 2016) Camgöz-Akdağ, Hatice; İmer, Havva Pınar; Ergin, Kebire NazlıPurpose - The purpose of this paper is to employ quality function deployment (QFD) method for translating internal customer needs and expectations into appropriate service specifications to perform existing process assessments in relation to quality characteristics for increasing internal customer satisfaction. Design/methodology/approach - The integration of SERVQUAL into QFD has been used to set the success factors to improve quality in the textile industry. One of the largest textile companies in Turkey provided the sample. A SERVQUAL-type of questionnaire was used and a total of 32938 questionnaires were distributed both manually and online 24551 usable were received comprising a response rate of 77.31 percent. Findings - Findings of the QFD application suggest internal customer focus as having the highest weight score of almost 12 percent improvement. In addition improvements in technical requirements of politeness and process communication have a 9 percent impact each on internal customer satisfaction criteria. Research limitations/implications - QFD technique is able to provide companies with a better understanding of internal customer expectations and translate these into appropriate service specifications and perform existing process assessment. Originality/value - This paper is a first attempt that applies this integrative approach to a different type of industry thus offering practical and applied information for professionals engaged in academia and as practitioners.Other Citation Count: 0The International Human Rights Movement - A History By Aryeh Neier Princeton/Oxford: Princeton University Press, 2012, 357 pages, ISBN: 9780691135151.(T.C. Dışişleri Bakanlığı Stratejik Araştırmalar Merkezi, 2012) Akbulut, Olgun[Abstract Not Available]Article Citation Count: 11Introducing a Fairness-Based Theory of Prosecutorial Legitimacy Before The International Criminal Court(Oxford University Press, 2016) Varaki, MariaThe International Criminal Court became operative in 2002. The first prosecutor of the Court faced the enormous challenge of setting up a series of policies addressing at the same time the backlog of overriding expectations. His task was daunting and his prosecutorial choices triggered a series of controversies among a variety of relevant audiences while the concept of legitimacy appeared to become the panacea to the debate. The current contribution purports to achieve a twofold goal using a doctrinal descriptive and normative angle: (i) to provide an alternative normative theory of the thorny principle of prosecutorial discretion and particularly of the interests of justice reference based on the fairness aspect of legitimacy and (ii) to recommend an alternative to today's adopted prosecutorial policy with regard to the interests of justice reference in Article 53 emphasizing its long-term effect on the overall perception of the Court.Book Part Citation Count: 1Legal Background of Autonomy Arrangements in Turkey from Historical Perspectives(Brill, 2019) Akbulut, Olgun[Abstract Not Available]Book Part Citation Count: 0Minority Self-Government in Europe and the Middle East From Theory to Practice Preface(Brill, 2019) Akbulut, Olgun; Aktoprak, Elçin[Abstract Not Available]Article Citation Count: 0Nearly a decade on - The perception of international arbitration law by Turkish Courts(Oxford University Press, 2010) Süral, Bahar Ceyda[Abstract Not Available]Article Citation Count: 1OBJECTIVE FACTOR OF FURTUM: CONTRECTATIO(Türkiye Adalet Akademisi, 2017) Söğüt, İpek SevdaThe first element of furtum was contrectatio; the handling of an object against the will of the owner (invito domino) or the person who had a lawful interest in such object. Examples of contrectatio included the removal of a thing, embezzlement, receiving stolen goods, disposing of a pledged thing without being authorized to do so, accepting an object that the owner had handed over by mistake, and hiding an escaped slave. Furthermore, a pledgee or depositee who made use of the pledged or deposited object committed furtum as did the borrower who misused the thing lent and even the owner who fraudulently removed a thing from who had a real thing in it or from a hirer with a right of retention for expenses. It is difficult to apply the notion of handling (contrectatio) to land thought of as such, and it is never is in fact so applied in juristic texts, thought soil or stones, as opposed to praedium, could be “contrected” and stolen.Book Part Citation Count: 0The "revival" of sovereignty via the complementarity regime and the "doctrinal" idea of responsibility to protect; what about constitutionalisation?(Routledge, 2016) Varaki, Maria[Abstract Not Available]Conference Object Citation Count: 3
