ABSTRACT

This study aims to evaluate the current debates on the public personnel reform on the axis of discourses that are considered to be influential over the content and the form of the legal texts regulating the industrial relations at public sector. Against this background, the study aims to assess the role of the notions of legitimacy, evidentness, representation, public service and common good in the formation of discourses and of our political and legal “discoveries”. This endeavour includes an attempt to view law in its location as a component to a general and persistent process of social regulation.

ABSTRACT

Albeit the debate on the use of force for humanitarian purposes (i.e. humanitarian military intervention) is not new, it has been flourishing since the early years of the Cold War as a result of the increasing importance placed on the international protection of human rights. After gaining a prominent place in the international law and politics literatures, with cases of action and inaction/indifference in the 1990s, the question of (and the need for) undertaking intervention to stop mass atrocities took a new turn with the introduction of the “responsibility to protect” (RtoP) understanding. Now also enlisted as a measure within the RtoP framework but only as a last resort and to be undertaken with Security Council authorisation, humanitarian (military) intervention continues to be adopted individually or collectively by states in their international conduct. In this vein, its unilateral or unauthorised practices continue to create controversy in the political and academic platforms. Primarily with the military interventions in Bosnia-Herzegovina and Kosovo, then most recently with the intervention in Libya, the debates on the legitimacy, legality and lawfulness of the controversial doctrine of humanitarian intervention once again gained momentum. In the light of these developments, this article analyses the doctrine of humanitarian intervention in relation to international law with a specific focus on the questions of lawfulness and legality.To this end, it first traces the normative roots of the idea of undertaking military intervention on humanitarian grounds, and then, analyses the current legal framework. Finally, through an overview of cases in the post-Charter era, it tries to reveal how state practice alongside the legal understandings and debates led to the construction of the RtoP norm.

ABSTRACT

Municipalities, as one of the important components of local government system in Turkey, are the main carrier of significant local responsibilities and services. It is argued that the gendered roles and relations make women the main subjects of local facilities and politics; therefore it is claimed that not only national mechanisms and politics but also local government, particularly municipalities and their services should be designed from gender sensitive perspective. This article aimed to examine the reflections of gender sensitive policy priorities over political and legal regulations in Turkey which have been holding a place in Turkish political agenda since 2000s. In this study, the legal and political responsibilities and obligations of local governments and municipalities in implementing gender sensitive policies at local level have been analyzed in the framework of KSGM National Plans, Prime Ministry’s Circular 2006 tarihli 17 sayılı and Turkish Municipality Code 2005/5393. In this vein, the study reveals the legal and political responsibilities of municipalities and the existing lacks in the regulations to provide gender sensitive local policies..

ABSTRACT

Rights over intellectual and artistic works has been put under protection by civil and criminal lawsuits that arranged on 5. part of LIPR. In case of abuse of rights over intellectual and artistic works in termsof private law, it‘s possible to present a case of revocation of aggression (66-68 item of LIPR), prohibition of aggression (69 item of LIPR), indemnity (70/1-2 item of LIPR) and supplied profit transfer (70/3 item of LIPR). It‘s clear that applying to these lawsuits in the face of aggression for right of author. But in case of transfer of a financial right or using, in the face of a aggression for this right by assignees, there isn‘t a consent about they whether present a case or not that arranged in LIPR in a respect or a doctrine and hasn‘t clarified this matter in the law. Doctrine views and application decisions related to mentioned problem in this study will be considered detailedly and will be offered a lege feranda solution on conclusion part.

ABSTRACT

The aim of this study is to investigate the satisfaction level of government employees from Ankara Metropolitan Municipality services. Municipalities are public organizations, which aim to fulfill the requirements of public and are formed according to needs of citizens. There are 16 metropolitan municipalities in Turkey. Municipalities have multiple functionalities within the city boundaries such as; city order and control, licensing, office reconstruction and management, fulfilling the basic needs of citizens and providing social support to those in need.This study consists of 344 female and 328 male government employees, which add up to 672 on total, from Ankara Metropolitan Municipality, 2 district municipalities, 2 state universities, 4 banks, 4 high schools and 3 primary schools. The age range of government employees that participate in the survey range from 18 to 53 (Myaş= 42,17). In the survey personal information of participants are collected to have information about the socio-demographic background of subject government employees. In this study a 3 degree Likert type scale, called Municipality Services Satisfaction Scale (MSSS), is developed to measure the satisfaction level of government employees from municipality services. To validate MSSS, exploratory factor analysis in made. For reliability of MSSS, Cronbach Alpha Coefficient (Alpha = .965) is calculated. Both the personal information and MSSS data is collected from the participating government employees. Findings of the research show that government employees are only satisfied from “bread production” service, partially satisfied from 16 services and unsatisfied from the remaining 36 services of Ankara Metropolitan Municipality. The findings were discussed in the light of related literature, and suggestion were made.

ABSTRACT

Rape Shield provisions endeavours to raise the levels sexual assault cases are reported, by making the sexual assault proceedings less painful for the plaintiff; and to prevent juries from judging the sexual history of the victim instead of the facts of the case. Main critics of the Rape Shield regulations are that they do not provide necessary protection and breach fair trial right of the defendants. This article describes Rape Shield provisions and assess what kind of rape shield provisions are viable for Turkey.

ABSTRACT

According to Richard Posner, epistemology, ontology, hermeneutics, and traditionalism lacks competence to provide legal objectivity. Posner claims that his “pragmatic manifesto” and the economic analysis of law can provide the legal objectivity. In this study investigated that if Posner’s claim might realized legal objectivity. Primarily, indicated that; due to anti-foundationalism and anti-formalism Posner’s legal pragmatism was in the danger of legal uncertainty. And then discussed that; according to Posner consequentialism and principle of wealth maximization inhibit legal uncertainty and provide to legal objectivity. The guidance with the criticisms of the economic analysis of law and the consequentialism realized that Posner’s proposal can not provide legal objectivity due to a lack of methodology. In addition that, Posner’s proposal is not conducive to a fair legal system.

ABSTRACT

Since the usage of internet and computers has increased and having very fast sharing and processing capacities it became necessary to provide the data kept in safe, accurate and true. In our country there isn’t any special regulation on data protection and it has only engaged in our constitution with an addition to the Article 20/2 which regulates the security of private life. On the other hand, today in every EU countries protection of personal data is guaranteed by law and the Directive 95/46/EC of the European Parliament and of the Council has entered into force on 13.12.1995. These countries and the non- EU countries which contacts with EU countries about data transportation have to rely on the Directive 95/46/EC of the European Parliament and of the Council and have to be a “Secure Country.” In 1998, “Google Inc.” has brought into life and become the most fast growing cooperation. According to the development period of Google Inc., Google is not only acting as a search machine. Google collects personal data by using services to access user’s data such as checking how many people clicks on what, profiling their consumption behaviors by matching identifiable IP addresses related to users. Therefore, Google has become the most criticized company about data protection. In addition, the International Privacy Organization defined Google as Privacy Opponent. Google is listed as the most and the only one unsecure company about the security of data in the International Privacy Organization’s list. In the respect of 1 March 2012 privacy policy of Google; Google combines the data of its users with other Google services and it is not predictable how, where, how much and for which purposes the obtained data is used for which services of Google. In other words, it is not clear that the data is collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. Google has received many warnings to change its privacy policy since it uses tools that cause unlimited data collection from European Union data protection authorities. The paper discusses that Google’s new privacy policy and its problems which is published on 1 March 2012 and compatibility with the principles on the Directive 95/46/EC of the European Parliament and Of the Council.