ABSTRACT

Especially in order to overcome a number of problems encountered in the 1950s it has given a new institution in the 1961 Constitution; “Provisional Council of Ministers”. This institution has not been previously encountered previously in our legal system and other legal systems of countries of the world. In some countries, although seen applications which called by a similar name, but it can be said that not the same as the nature of these applications. Provisional Council of Ministers institution which entered in force with 1961 Constitution in our legal System and aims to elections held in a more democratic environment, it has existed in the 1982 Constitution. This institution is intended as a solution that will lead to selection of countries in cases of government gap. Previsions which regulating previsional Council of Ministers and institution of “renovation of elections” which prerequisite of the establishment of previsional Council of Ministers have been the most controversial previsions in the process of the preparation of both the 1961 Constitution and the 1982 Constitution. But, institution of “renovation of election” which take part in many of the country’s constitution, can be seen as a requirement of the parliamentary system.

ABSTRACT

The existence of social and economic rights in nations’ constitutions has always been a controversial issue due to the inherent limitation of their enforceability. Notwithstanding this limitation, the Turkish Constitution recognizes and establishes a large catalogue of social and economic rights, including the right to healthcare. Enforceability of these rights through judicial means is an interesting legal issue in Turkey, since the Turkish Constitution dilutes the duties of the State by giving the legislature discretionary powers in realizing these social and economic rights without specifying any clear provision concerning their judicial enforceability. Rationing healthcare services is one of the most controversial legal issues in Turkey’s public law itinerary. As such, there is a noticeable judicial involvement in rationing healthcare services in Turkey.

ABSTRACT

Environmental rights have not been specified in the European Convention on Human Rights (ECHR). The ECHR therefore cannot be directly invoked when environmental problems are in question. The question of recognising environmental rights has been frequently raised under the ECHR. However, the concept of environmental justice (EJ) which arose in the US in the late 1970s and which focuses on the fair distribution of environmental burdens and benefits has not been studied in the ECHR or in the case law of the European Court of Human Rights (ECtHR). This paper argues that ECtHR has not followed a steady flow in favour of EJ when hearing the cases. In this context, It will be considered whether the existing provisions of the ECHR guarantee EJ. Besides, the question will be asked whether the ECtHR has ever determined environmental injustices or environmental discrimination, which was encountered in the US, based on racial and economic factors when deciding environmental cases in its history.

ABSTRACT

The CISG is directly applicable in Contracting States or when conflict of laws refers to the laws of Contracting States. However, matters arising from international sales contracts such as validity of contracts or property matters are not governed by the CISG. For this reason, the parties should choose the national law which would govern the matters that are not regulated in the CISG. On the other hand, the parties have the autonomy to determine the provisions of a contract by deviating from or modifying the provisions of the CISG, which can be named as freedom of contract in the context of the CISG. In general, there are no limits on party autonomy under the CISG as a principle. The only limit to party autonomy under the CISG is Art. 12 of the CISG which grants Contracting States the right to require that contracts or modifications to contract be made in writing.

ABSTRACT

The Act on Intellectual and Artistic Works no: 5846 grants right holders the right to bring an action for cessation of infringement in case of violation of their economic and/or moral rights, as well as the right to claim three times the amount of contractual value or market value of the infringed work from the defendant. Although it is debateable whether this amount is “exactly three times” or “up to three times” the contractual or market value, it has been argued that seeking treble damages aims to deter infringements of intellectual property rights. A similar provision can also be found in the Act on the Protection of Competition no: 4054 in the context of private action for damages for infringement of competition rules. This article analyses the legal remedy of action for cessation of infringement, as well as the right to seek treble damages in the light of the judgments of the Court of Appeals and the conflicting views in the literature. It argues that while seeking treble damages serves to effectively protect intellectual property rights, the relevant provisions of both the Act on Intellectual and Artistic Works and the Act on the Protection of Competition should be amended as “up to three times” and the judge should enjoy discretion in this regard.

ABSTRACT

According to Turkish Civil Code, during the marriage parents exercise parental custody jointly. However, in case of divorce the judge shall award parental custody to one parent. On the other hand, the mother has sole parental custody of the child born out of an extra-marital affair even the parent-child relationship has been formed between the child and the father by recognition or by court declaration. In accordance with the United Nations Convention on the Rights of the Child, which is a part of our national law, in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. The best interest of the child is “the combination of factors the child needs in a custody and/or access arrangement that will sustain his or her adjustment and development”. Besides “any conclusions regarding a child’s best interest should incorporate the child’s age-specific and related developmental needs. Therefore, whatever criteria are relied on for decision making should be adjusted to reflect these changing needs”. According to developmental psychologists, continuity and stability are vital for children whose parents live apart from each other. Stability has often been defined taking into consideration a child who needs one home base (for example one bed, one toothbrush and one route to school). However, because of disrupting the relationship of the child to the non-residential parent particularly in case of divorce when the judge awards sole custody to one parent and the parents of the child live apart from each other, one home base model emphasizing geographic and residential stability has not been supported anymore. Taking into account that in respect to the United Nations Convention on the Rights of the Child, in all actions concerning children, the best interests of the child shall be a primary consideration, joint custody after divorce and for unmarried parents is a subject that should be examined.

ABSTRACT

Due to her recognition widely shared by with other member of one’s society, Barbie can be called as an icon. Besides Barbie refers to a specific corporate attitude, a perceived ideal of the female form, a fashion queen of pop culture, and a phenomenon brand that has exploded throughout the world in the last fifty years. This paper reviews “modern” and “postmodern” referring to Barbie with all of these qualifications. Firstly Barbie’s revolution was examined in the context of Eurocentrism and cultural relativism. It has been later discussed that while Barbie could be shown as an example of secularism, how she was turned to be religious. Moreover the changes of Barbie occurred from globalization to glocalization were examined. Finally Barbie’s these last changes will whether or not eliminate feminist critics about Barbie was evaluated.

ABSTRACT

Customs consultants represents merchants who want to make trade as export and imports. They act on their own names but they act for account of represented people or companies indeed. Customs brokers lead administration of customs and also importers and exporters by making carefully the legal transactions which are related with customs. They act in contract on mandate by their power of attorney which is based on an authorization certificate and taken from people who do foreign trade. As a matter of course, they can be liable for contractual liabilty and fiscal liability. Being member of this profession is conditioned on some requirements such as experience or education so that this profession become more respectable, at the same time the problems of merchants and customs administrations reduce. The conditions which make that profession more respectable cause that customs consultants contractual liabilities is understood more comprehensive. This article contains four main parts. In the first one, as a member of the profession customs consultants acts are going to be explained. Second part is about their power of attorney. Third part is going to clarify their contract on mandate. And last part explains their liabilites which are based on the contract on mandate in detail. As the occasion arises, there will be general explanations about fiscal liability.

ABSTRACT

The main focus of this study is to examine whether leasing of common areas and premises is subject to unanimity vote of the board of property owners as per the Article 45 of the Property Ownership Law No. 634 [POL]. In consideration of Article 45 of the POL, prevailing opinion in the doctrine and the Supreme Court of Appeals are of the opinion that common areas and premises can only be leased with an unanimity vote of the board of property owners. However, the said opinion does not serve the today’s urbanisation needs while being far from complying the letter of the law.