ABSTRACT

The long awaited agreed text of the Agreement on Government Procurement (GPA) of the World Trade Organization (WTO) is expected to enter into force within the current year, 2014. The WTO GPA is a plurilateral Agreement, and currently, only 42 States are Parties but a number of WTO Members are not Parties to this Agreement. These countries are actively seeking accession to it and looking at the potential pros and cons of accession. In this context, there is a need for information on the GPA in order to assess related benefits and costs. This article describes and analyzes together the existing GPA and the new, agreed draft of the GPA by the Parties to this Agreement. This paper compares agreed draft of the GPA with the existing GPA of 1995, and discusses its potential implications on the international public procurement legislation. The agreed text of the new GPA significantly clarifies its requirements, increases transparency of procurement practices through electronic methods. The agreed text reflects the technological and trade developments such as; changes in electronic procurement, minimum notice periods are shortened. Other changes provides more flexibility for procuring entities, when buying goods on commodity market and purchases made under exceptionally advantageous conditions. It also consists more flexible provisions for special and differential treatment in an attempt to make participation in the GPA more attractive to developing countries.

ABSTRACT

The economic analysis of law is an approach which applies the methods of microeconomics to the analysis of legal rules and institutions. The main purpose of this analysis is to maximise social welfare which is defined as total economic efficiency. This analysis has been widely used in United States Antitrust Law. There are ongoing debates as whether this approach should also be applied in European Union competition law. This article examines the economic analysis of law and its impact on United States Antitrust enforcement through the influence of welfare economics and Chicago School. It then discusses whether it should also be enforced in European Union competition law.

ABSTRACT

The economic analysis of law is an approach which applies the methods of microeconomics to the analysis of legal rules and institutions. The main purpose of this analysis is to maximise social welfare which is defined as total economic efficiency. This analysis has been widely used in United States Antitrust Law. There are ongoing debates as whether this approach should also be applied in European Union competition law. This article examines the economic analysis of law and its impact on United States Antitrust enforcement through the influence of welfare economics and Chicago School. It then discusses whether it should also be enforced in European Union competition law.

ABSTRACT

This paper examines the relations between execution of public services and economic freedoms, which are minimum normative requirements for individuals in a functioning market economy. Economic freedoms are recognized as a category, consisting of property rights, freedom of contract, right to work, and freedom of private enterprises. The relations between economic freedoms with public services incite normative tensions. This paper indicates that the public service law introduces a restriction on economic freedoms in each case. However, provision of public services as a broad category or execution of public services by the public sector crystallizes this effect. In case of public services run by private law agents, in addition to the intervention to economic freedoms, social functions of rights that are stipulated by the norms in the Constitution prevail. In other words, current public service law ensures the rights of private law persons to execute public services, in spite of the fact that it almost disables the normative protection envisaged for economic freedoms. Keywords Economic liberties, public services, authorization, property rights, execution of public services via administrative contracts.

ABSTRACT

Written form is one of the most important features of administrative acts. In Turkey, the basic principles and rules to be followed in notification process, including written notice of administrative acts can be found in Notification Act No. 7201 and the relevant legislation. The amendments made to the legislation in 2011, has introduced electronic notification to Turkish law. These changes are inevitable result of technological progress and the use of digital technology. Indeed it can be said that administrative law and especially administrative procedure as much as all other branches of law has begun to evolve from this change. In this study, electronic notice of administrative acts, written form and its legal consequences in terms of administrative law will be tried to assess.

ABSTRACT

Written form is one of the most important features of administrative acts. In Turkey, the basic principles and rules to be followed in notification process, including written notice of administrative acts can be found in Notification Act No. 7201 and the relevant legislation. The amendments made to the legislation in 2011, has introduced electronic notification to Turkish law. These changes are inevitable result of technological progress and the use of digital technology. Indeed it can be said that administrative law and especially administrative procedure as much as all other branches of law has begun to evolve from this change. In this study, electronic notice of administrative acts, written form and its legal consequences in terms of administrative law will be tried to assess.

ABSTRACT

Mediation, a neutral mediator’s help, is to facilitate relationships between the parties and the mediator as its functions are divided into the way of litigation and arbitration. Adopted on 06.07.2012, Law No: 6325 on Mediation Law in The Legal Disputes entered into force in our country has gained a legal basis for mediation. In the worldwide, the most intense mediation procedures applied for sports law disputes. In the field of sports law in order to resolve disputes that arise in the city of Lausanne, Switzerland was founded in 1984, the Court of Arbitration for Sport (CAS), as well as arbitration proceedings also offers mediation services. Mediation, Sports Arbitration Center’s application is included in 1994 by ICAS. First published in 1999 CAS Mediation Regulations and Guidelines as well as edit the content of mediation constitutes the source. In our study, the first, sports law disputes will be a brief description of what is happening, and then in the second part, the Court of Arbitration for Sport mediation of these disputes are resolved in detail about how the information will be provided. In the third chapter, in Turkey mediation procedure and in particular the new enacted Mediation Law in The Legal Disputes regulations in explaining, Turkey’s emerging sports law disputes this regulation applies whether to be assessed and Turkish law with the CAS rules in terms of a comparison will be made.

ABSTRACT

Games, for which we use the concept of “sports” today as a terminological response, have a great importance for Roman sociological and politic life. There always is a risk of damage at sport activities, but for Rome, since the games with high-scale violence were more at the forefront, games resulting in injury or death were observed much more then today. It is natural for people exposed to damage to have requisitions. Thus, the damages arising from military trainings, games or likewise sport activities were discussed by the Roman jurists. In this study, injuries and deaths of third parties and players arising from military trainings, games or likewise sport activities are examined mainly within the scope of “javelin throwing case”, “barber case” and “volenti non fit iniuria” principle

ABSTRACT

Khojaly massacre is a tragedy, occured in the framework of Karabakh problem, which has been going on several centuries. Turks living in Khojaly, which is one of the most strategic area of Karabakh, were blockaded aproximately for five months and devoid of the fundamental needs. As to 25th-26th February 1992, they were exposed to many terrible treatment, including murdering. These acts, carried out by Armenians, are parallel to the elements of the crime of genocide, laid out in the Convention on the Prevention and Punishment of the Crime of Genocide, signed in 1948. The crime of genocide has been the theme of international law by the acceptance of the Convention on the Prevention and Punishment of the Crime of Genocide. This convention, entered into force in 1951, binds the occuring of the crime of genocide to some provisions. In this essay, Khojaly massacre has been evaluated in the framework of the so-called convention.