ABSTRACT

Constitutional Court’s perspective about right to environment is analyzed in this paper. In this context, firstly a brief explanation has been implemented. Then, it is researched how Constitutional Court defines the notion of environment. Then extra questions have been tried to be responded: How does Constitutional Court handle with the economic development and a sound environment dilemma and does Constitutional Court feature the procedural environmental rights in its case –law? On the other hand, it is treated if Constitutional Court touches on the developments about international environmental law.

ABSTRACT

Continuous effort has been made for regulating forests internationally since the Rio Conference. In this paper, the development of international law on forests is examined. For this purpose, first, the soft law instruments are taken into consideration and it is concluded that these non-binding instruments represent a significant improvement in the area of international forest law. Besides nonbinding rules and instruments, various relevant treaties that require an international protection of forests, although indirectly, are also examined. It is observed that international law is not deprived of all means for the protection of forests and in the absence of a global treaty on forests, there are still other tools in international law. Lastly, the paper examines whether or not the well established principle of customary international law that allows permanent sovereignty over natural resources can hinder the internationalisation of forests and it is concluded that state sovereignty is not unlimited in use and exploitation of forests.

ABSTRACT

The compensation which has to be paid by the party of an open-ended employment contract when the period of notice is not considered for termination, is called as “pay in lieu of notice” in Labour Law application. Different ideas put forward by both; doctrine and Court of Cassation decisions about the period of notice which will be taken into account for the determination of “pay in lieu of notice” which has to be paid by employee when the legal period of notice has been increased with contract. Also new Turkish Code of Obligations No.6098(TCO) has added a new dimension to this debate. It is aimed to examine the different opinions submitted by doctrine and Court of Cassation decisions about the subject regarding to TCO Articles 432, 438 and 439 with this study

ABSTRACT

The best way of examining a society and its system is to examine the legal system of that given society. Within in this concept legal education is an actual problem as legal system in Turkey. It is aimed that discussing necessity of interdisciplinary approach to legal education with in the frame of “Law and Literature” courses in this article. For this reason first main characteristics of legal education in Turkey will be explained then it will be discussed whether “Law and Literature” could be considered as a law school course. As a matter of fact that this course has been a part of curricula at many law schools and it is recently considered as a certain course at law faculties in Turkey. Law and Literature course has two main idea; law in literature and literature in law. It can be claimed that this course is a part of law curricula since the aim of legal education to gain law student different perspectives on legal issues via interdisciplinary approaches.

ABSTRACT

One of the important innovations brought by 6102 numbered Turkish Commercial Code in terms of the law of limited company partnerships law is the additional payment obligation. The additional payment is an obligation brought except the main capitals payable which is the main payables of the partners in the limited company. The additional payment obligation can be envisioned depending to the main share and only with the deed of partnership. The additional payment obligation which is brought with the deed of partnership is demanded by the manager/managers in cases of occurring the conditions envisioned in the law and is fulfilled by means of making cash payment to the partnership. The additional payment obligation is an institution developed with the aim of helping the partnership to get out of the bad financial situation by means of closing the budget deficit. Together with that, in the discussions regarding the Swiss and the Turkish laws, it has been indicated that the new judgments are flexible regarding the additional payment obligation, and the purpose of the institution is widened

ABSTRACT

The right to purchase new shares on consisting legally and be in scope of application with the statement of legislative; preemptive right has brought about legal arrangement with Turkish Commercial Code No. 6102. There are provisions of the act required to make colloquium on some sections of the preemptive right which is under the influence of German and Swiss law. There are no clarity brougt with legislative about legal conclusion about non-use of preemptive right on capital increase, possibilities of signing shareholding commitment letter with shareholders, the sentence set out with Turkish Commercial Code No. 6102 Art. 456/1 on capital increase “Unpaid of nonessential amounts in proportion as capital don’t prevent capital increase.”. Interpretation of issue has been left to power of discretion with doctrine and judicial decisions without setting out minimum limit, as a result, implementation of a provision differences have been caused. Therefore, the issue has to be examined legally with foreign law framework. In this article, legal conclusion about non-use of preemptive right and partially discharge of subscribed capital commitments on capital increase dispute are examined with foreign law, continuity of company principle, preemptive right of shareholders principle, right of participation to capital of shareholders, principles of corporate governance.

ABSTRACT

Perhaps the most important current problem of the administrative law is nonapplicability of judicial decisions. There is also a public officer or a public authority who fails to fulfill a task assigned to him appears to be a major problem. In order to solve such problems, as a requirement of the rule of law, “judicial orders” is held in some countries. Judicial orders started to be implemented in countries such as France, which is adopted Continental European System, however this institution as a source taken from Anglo-American System is based on the English Legal System. UK judicial orders are “injunction” and “prerogative orders”. Prerogative orders or the privileged orders are divided into three categories; “certiorari (quashing order)”, “prohibition (prohibiting order)” and “mandamus (mandatory order)”. The main topic of this article, “mandamus” is a judicial review to force or to execute an order which is assigned to a public official or public body by Common Law or the law enforcement. In this context, the article briefly mentions about the British legal system and judicial orders in general, and then tries to explain the principle of mandamus as a type of judicial orders..

ABSTRACT

Today, it is considerably clear that information technologies, such as computers, telecommunication devices, and the internet have been used by almost all organizations and goverments. As the world has become more and more reliant on technology and networked systems, not only have legitimate entities benefited from this trend, but also illegal groups, criminal entities and even goverments have been using cyber space and tools for their own benefits. Governments which are the leaders of technology has been equiping their armies for cyber war. Cyber war has been one of the most important threat against national security. Cyber space, which has no border, makes jurisdictional issues an important area of concern. While the legal system is trying to adapt to this battleground, its differences from other malicious acts in cyber space are tried to express. In this article, “cyber war” has been discussed from the legal perspective and its differences from other malicious acts in cyber space has been examined