Volkan

Res. Assist.

Executive Decree Authority in Turkey Before the Constitutional Amendments of 2017: In Light of the Turkish Constitutional Court’s Retreat

Ayşe

The Principle of “Ultima Ratio” in Termination of Employment Contract in Turkish Labour Law

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Remzi

Assist. Prof. Dr.

Critically Queer Yet Politically Affirmative Engagements with Human Rights

Hatice

Individual Application to the Constitutional Court of Poland

Ender

Assoc. Prof. Dr.

During the continuation of the employment contract, regardless of the reason for the death of the employee, the employment contract between the parties loses its legal existence. The effect of the death of the employee on the employment contract is clearly stated in Article 338/1 of the SCO and Article 440 of the TCO, which is regulated on the basis of this provision. The employment contract terminates automatically upon the death of the employee, and for this result to arise, it is not necessary for the legal heirs left behind by the employee or the employer to give a notice of termination after the death of the employee. The acceptance of the termination of the employment contract upon the death of the employee in the legal regulations is a natural consequence of the fact that the employee is obliged to personally perform the work undertaken during his/her lifetime.Neither Labour Law No. 4857 nor Maritime Labour Law No. 854 stipulates that the employer shall make a payment to the survivors of the deceased employee following the automatic termination of the employment contract upon the death of the employee. However, Article 18 of the Press Labour Law, titled death indemnity, stipulates that “In the event of termination of the employment contract due to the death of the journalist, his/her spouse and children, and in their absence, the members&nbsp;of his/her family whose livelihood depends on him/her, shall receive death indemnity in the amount of seniority rights, not less than three times the monthly wage of the deceased”. While this is the case in terms of Turkish Law, the regulation in Article 338/2 of the Swiss Code of Obligations has been translated and transferred to Article 440 of the Turkish Code of Obligations, and a regulation similar to the death indemnity in the Press Labour Law has been introduced. According to Article 338/2 of the Swiss Code of Obligations, “However, the employer is obliged to pay wages to the deceased employee’s spouse, registered union, minor children and, in the absence of these heirs, to other dependent survivors for an additional month calculated as of the day of death, or for an additional two months in the case of five years of seniority”. According to the second sentence of Article 440/1 of the Turkish Code of Obligations, “The employer is obliged to pay one month’s wage to the surviving spouse and minor children of the deceased employee, or in the absence of such heirs, to the dependents of the deceased employee, starting from the day of death, or two months’ wage if the service relationship has continued for more than five years.”The right to demand payment from the employer is not a right arising from the estate of the deceased employee and passing to the heirs according to the principles of inheritance. This right arises directly for the surviving beneficiaries mentioned separately in each article. Therefore, even if the inheritance is rejected, the right to claim payment does not disappear, as the right is originally recognised to the persons concerned.To be entitled to payment, it is necessary to be a beneficiary who are foreseen to claim payment at the time of death. The surviving spouse and minor children of the deceased worker, or if these are not available, the persons who were dependent on the worker in his/her lifetime, shall be entitled to the payment. According to Article 338/2 of the SCO, with the surviving spouse, the registered union of the deceased worker is also listed as the beneficiary. For the beneficiaries to be entitled to the payment, the employment contract concluded between the employee and the employer must be a valid contract and the employee must have started to work in accordance with the contract. To be entitled to the payment, the seniority period of the worker before the date of death is not of any importance. In the payment to be made by the employer to the surviving beneficiaries due to the death of the worker, the seniority period is taken into consideration in determining the amount entitled, not in entitlement to payment. In this framework, if the seniority period at the date of the death of the worker is five years or less, the amount of payment that can be requested is the amount of one month’s wage of the worker. On the other hand, if the seniority period at the date of the worker’s death exceeds five years, the amount of payment to be paid is two months’ salary.There is no clarity as to how the payment amount will be divided among more than one beneficiary at the same time. The predominant view adopted in Turkish and Swiss law is that the payment amount should be divided equally. The minority&nbsp;opinion, on the other hand, accepts that the distribution should be made according to the inheritance shares. In the decision of Antalya RCA 9th Civil Chamber dated 03/05/2020 and numbered 2019/2696 E. and 2020/657 K., which is the first decision regarding the application of the regulation on death compensation under Article 440 of the TCO, it was concluded that death compensation should be divided among the persons entitled to death compensation in proportion to their inheritance shares specified in the certificate of inheritance.Since there is no separate interest rate determined for the payment to be made by the employer to the surviving beneficiaries due to the death of the employee, legal interest should be applied. The automatic termination of the employment contract upon the death of the employee causes the receivable regarding the payment to be made by the employer to the right holders left behind due to the death to become due, but the default of the employer does not arise simultaneously and automatically with the receivable becoming due. There is no clarity in both Art. 338/2 of the SCO and Art. 440 of the TCO that the payment must be made to the persons determined as beneficiaries on the date of death. For this reason, although the decision of the 9th Civil Chamber of Antalya RCA is correct in determining that legal interest should be applied in death compensation, it is not correct to run the interest from the date of death without requiring the employer to be in default.Within the framework of the current legal regulations, the statute of limitations for death compensation should be accepted as 10 years from the date of death of the worker.The provisions regarding the payment to be made by the employer to the beneficiaries left behind due to the death of the employee are of a relative mandatory nature. For this reason, it is possible to make arrangements that make the right better than the legal regulation, for example, extending the duration of the payment or expanding the scope of the persons who will benefit from the payment.In the doctrine of labour law, the debate focuses on whether the provision on death indemnity stipulated in Article 440 of the TCO can be applied to workers subject to the Labour Law and seafarers subject to the Maritime Labour Law, other than to workers subject to the Turkish Code of Obligations. Although there are different opinions on the subject, it is more appropriate to accept that the provision is applicable only to workers subject to the provisions of the Turkish Code of Obligations. In the decision of the 9th Civil Chamber of Antalya RCA dated 03/05/2020 and numbered 2019/2696 E. and 2020/657 K., it was concluded that workers subject to the Labour Law and seafarers subject to the Maritime Labour Law may also claim death indemnity stipulated in Article 440 of the TCO, and that there is no obstacle to request death indemnity together with severance pay.

Turkish and Swiss Law on the Payment to be made by the Employer to the Survivors of the Deceased Employee within the Framework of the Code of Obligations

Numan Sabit

Res. Assist. Dr.

An Atypical Joint Stock Company under Turkish Law: Basic (Atypical) Principles in the Establishment and Share Issuance of Investment Companies with Variable Capital

Başak

Yeliz

During human history, there have been many conflicts during which civilians from various regions of the world have suffered from violent acts. There have been attempts to codify a group of unlawful acts as international crimes beyond the nation state level. During this process, certain unlawful acts were deemed to be in keeping with the spirit of war, while the most violent ones were considered infractions that affected the conscience of all humanity. These efforts began at the end of the 19th century, with international conventions on the limitations of warfare methods and the impact of war on civilians. The 20th century witnessed two world wars and an important number of intrastate conflicts. The striking dimension of these conflicts has pushed the international community to take a step beyond international conventions to punish criminals and prevent the recurrence of new violence against civilians.To take a step further in terms of the application of international conventions, after the outbreak of the First and Second World Wars, the need to establish judicial institutions with international competence has been discussed. With the establishment of these tribunals, definitions of crimes would have been added to their constituent texts, a step would have been taken towards codifying unlawful acts, and the universalisation of criminal justice would have begun. Major developments in this field began with the Second World War. The first examples of ad hoc criminal tribunals were founded in Germany and Japan to prosecute military and political figures responsible for the suffering of civilians. Thanks to these two tribunals, serious breaches of the fundamental rights of individuals have been codified as international crimes, and international criminal law has begun to universalise. Although limited, individuals gained legal personality before international law and became subjects of it. Hence, the legal sphere of Kantian cosmopolitanism has begun to find its place in the international order.&nbsp;The International Military Tribunals of Nuremberg and the Far East have contributed significantly to international criminal law. They form the first proof of the will of the international community to do something beyond international conventions regarding the suffering of civilians during conflicts and thus establish a more binding legal framework. They constitute a via-media between state-centric treaties and a permanent cosmopolitan legal institution. Despite many criticisms, these tribunals have been one of the foundations of progress in international&nbsp;criminal law. The two legal institutions that were established with the breakdown of the bipolar world order during the Cold War took these efforts further by adding new elements to their statutes that aimed to prosecute war criminals and prevent the commission of further unlawful acts. The International Criminal Tribunals for the former Yugoslavia and for Rwanda participated in attempts to improve the scope of the codification of international crimes and thus arrived at an interpretation that was more up-to-date and appropriate to the context of the era.&nbsp;Is it possible to establish a direct link between Kantian cosmopolitan law and these historical developments? Does this evolution prove the rooting of the principles of a universal human society within the discipline of international law? Kantian cosmopolitanism discusses the possibility of gradually creating a political, legal, and social framework that begins at the state level and extends to world citizenship. According to Kant, such cosmopolitanism is a way to ensure perpetual peace. The legal aspect of this thought led to the ideal of the creation of a cosmopolitan law for issues that concern humanity as a whole. Cosmopolitan law aims to find solutions to global problems such as the violation of fundamental rights of individuals and environmental issues, as this juridical sphere recommends the construction of universal legal norms that complement national and international law. It underlines the universalisation of humanitarian legal society.&nbsp;This research aims to determine the link between certain historical developments of the 20th century and Kant’s concept of cosmopolitan law. It intends to demonstrate that the motivation behind the establishment of ad hoc tribunals is strongly linked to this approach. Within this perspective, the first part is dedicated to a theoretical examination of Kantian cosmopolitan law and two models by Olivier de Frouville that interpret this universalisation within the scope of international law. In this research, the step towards the cosmopolitanising of international law is observed from a fundamental right perspective. The historical period to be examined is the second half of the 20th century. In the second part, which includes an empirical study, four ad hoc criminal tribunals created during this period will be analysed to obtain concrete elements that demonstrate a connection with cosmopolitan law. Hence, this article demonstrates that four ad hoc tribunals contributed to the codification of international crimes and thus supported the implementation of the principles of cosmopolitan law. This research will contribute to international relations and international law.

The role of ad hoc tribunals in the implementation of cosmopolitan law: an empirical  study via Kantian ethics

Goran

Lecturer

Mauritius has, for historical reasons, a mixed legal system, where one part is influenced by the Common Law and the other is inspired by French law. The organisation of the courts of justice in Mauritius is based on the UK model, and the powers of the Supreme Court of Mauritius are the same as those of the High Court of Justice in England. Many branches of the Mauritian Law, maritime law, and judicial review, for example, have been influenced by the Common Law, but some parts of it, the Civil Code, for instance, are of French origin. This is because the Act of capitulation signed between France and the United Kingdom in 1810 has authorised the inhabitants of the island to keep their laws. In these circumstances, a comparison between French and Mauritian civil law is well justified.&nbsp;&nbsp;Both France and Mauritius have special rules on tort liability for acts committed by minors. These rules concern public schools, teaching staff, and parents. However, Mauritian Law differentiates from French Law regarding the existence of a general principle of tort liability for the acts of others (children). In France, such a general principle was established in the case of Blieck brought before the French Court of Cassation. In Mauritius, such a general principle does not exist, meaning that the victim of harm must rely on the general rules on subjective tort liability and prove the fault of the defendant.&nbsp;&nbsp;A comparison between France and Mauritius leads us to the conclusion that a general regime of tort liability may exist for the acts of minor children in Mauritius. Two conditions need to be fulfilled for the application of the aforesaid general regime: (1) the existence of legal power exercised over a child and (2) the existence of the personal liability of a child. This liability may be subjective, based on the civil fault of a child, or objective, without any civil fault of the child.It is certain that tort liability for the acts of a minor child derogates from the general rule in Mauritius that the victim of harm must prove the civil fault of the defendant. Thus, a general regime of tort liability for the acts of a minor child may be based either on the presumption of a civil fault of the person exercising the legal power over a child or objectively without any fault. On the one hand, objective liability, which is harsh on the liable person, needs to be applied only if the benefit realised by the liable person and the situation of the liable person justify such a legal solution. On the other hand, in all other situations, the liability for the acts of a minor child must be based on the presumption of civil negligence. This gives the liable person the opportunity to escape from his or her liability by proving that no civil fault has been committed. It is not necessary to prove the existence of a force majeure.

Tort Liability for the Act of a Minor Child: from the Special Regimes towards a General One?–A Comparison between French and Mauritian Laws

Ömer

Use of Party-Appointed Experts in International Commercial and Investment Arbitration: Issues and Possible Solutions

Berkant

Assist. Prof.

Environmental Intervention: An Activist Idea or Legal Tool? An Analysis of the Possibilities of Environmental Protection under the Principle of Non-Intervention

Hasan

Implementation of the Concept of "Bring Your Own Device" (BYOD) within the Scope of Labour Law

Assoc. Prof.

Işık

Gülfer

Uncitral Model Law on Electronic Transferable Records: Is It an  Applicable Legal Framework for Bills of Lading Under Turkish Law?

Mustafa

Analyzing Whistleblowing Provisions in Turkish Law in the   European Context

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The jurisprudence of the European Court of Human Rights bears a certain relevance to the national legal systems of the member states of the Council of Europe. Many decisions of the European Court of Human Rights pertain to the freedom of association of civil servants. In particular, the Grand Chamber’s decision of “Demir Baykara” is considered to be a cornerstone in this area. The Grand Chamber has decided in this case that the freedom of association under Article 11 of the European Convention on Human Rights includes the right to form a trade union and become a member of a trade union. It has been observed that Turkey is a party to many disputes brought before the European Court of Human Rights regarding the freedom of association of civil servants. The cases are related to the forming of unions, the temporary work stoppage of civil servants and the effective exercise of the right to freedom of assembly and association in the civil service. This study gives a brief overview of some decisions of the European Court of Human Rights in which the Court held that Turkey violated “the right to freedom of assembly and association” under Article 11 of the European Convention on Human Rights.&nbsp;In Turkish law, numerous legislative changes, including amendments to the Constitution, have taken place in recent years. The restrictions on freedom of association have been abolished step by step. The abolishment of the restrictions on&nbsp;freedom of association was initiated by individual efforts of citizens and trade unions in the civil service. In accordance with legal developments, trade union confederations can conclude collective agreements in the civil service, but their members are not allowed to strike. A right to strike is a foreign term to the Law on Trade Unions and Collective Agreements of Civil Servants No.4688. If the parties cannot agree upon and conclude a collective agreement, they must apply to the Arbitration Committee of Civil Servants and a protocol must be submitted thereto. The agreement concluded after negotiation with the Arbitration Committee of Civil Servants is binding as a collective agreement. Therefore, the Law on Trade Unions and Collective Agreements of Civil Servants No.4688, as well as the relevant legislation, needs to be revised. This need for reform has long been emphasized in the academic literature. This study outlines recent important legal developments regarding the right of civil servants to organize and to bargain collectively in Turkey.&nbsp;freedom of association was initiated by individual efforts of citizens and trade unions in the civil service. In accordance with legal developments, trade union confederations can conclude collective agreements in the civil service, but their members are not allowed to strike. A right to strike is a foreign term to the Law on Trade Unions and Collective Agreements of Civil Servants No.4688. If the parties cannot agree upon and conclude a collective agreement, they must apply to the Arbitration Committee of Civil Servants and a protocol must be submitted thereto. The agreement concluded after negotiation with the Arbitration Committee of Civil Servants is binding as a collective agreement. Therefore, the Law on Trade Unions and Collective Agreements of Civil Servants No.4688, as well as the relevant legislation, needs to be revised. This need for reform has long been emphasized in the academic literature. This study outlines recent important legal developments regarding the right of civil servants to organize and to bargain collectively in Turkey.&nbsp;The aim of this study is to represent the influence of these decisions on Turkish law and to describe the current law in Turkey in this context. The study concludes that it is still not possible to state that these recent developments are completely in coherence with the principles set forth in the decisions of the European Court of Human Rights.

An Overview of Legal Developments Regarding Freedom of Association of Civil Servants in Turkey in the Light of the Decisions of the European Court of Human Rights

İrem

Although the penalty clause is included in many contracts in practice today, it contains several controversial issues that are still waiting to be resolved both in the doctrine and in judicial decisions. One of these issues is the consequence of the penalty clause in the event of the transfer of receivables or in case the debt is assumed.&nbsp;The penalty clause is a provision requiring financial compensation, which is promised to be paid to the other party in the event of the contract is being breached, either partially or fully. In Turkish Law, the penalty clause is regulated in Article 179 and in the following sections of the Turkish Code of Obligations number 6098. The penalty clause appears as a debt in connection with the principal debt. The emergence, continuity and termination of the penalty clause depends on the existence of the principal debt. The transfer of the receivable is regulated between Articles 183 and 194 of the Turkish Code of Obligations number 6098. Because of its accessory nature the penalty clause has significant consequences. One of these is the transfer of authority to demand a penalty clause of the new owner of the receivable in the event of the transfer of the said receivable. The Swiss and German doctrines have for many years placed an emphasis on the transfer of the receivable within the framework of the penalty clause. In this context, however, there are no obvious regulations in Turkish Law. Thus, many different views have arisen on the matter. The focus is set on whether the penalty clause can be transferred independently of the principal receivable. Moreover, many different opinions have also emerged about which creditor has the right to demand a penalty clause. The issue is generally handled depending on whether the penalty clause is due. Our present study focuses specifically on this latter detail.&nbsp;In the event of the transfer of the principal receivable, the penalty clause which is not yet due will also be transferred to the transferee together with the principal receivable. The matter of transferring the penalty clause to a third party independently of the principal receivable before it is due is controversial. After the penalty clause is due, the principal-accessory debt relationship with the principal debt disappears. In this case, since the penalty clause turns into an independent receivable, the penalty clause does not have to pass onto the transferee when the principal receivable is transferred. In the event of the transfer of the receivable, a distinction should be made taking into account the general principles regarding whether the penalty clause can be transferred independently before or after it is due. Therefore, before the penalty clause is due, an interpretation should be made by paying attention to the fact that it has the accessory nature. In our study, our opinion on the controversial issues is explained in detail within the boundaries of this interpretation.Turkish Code of Obligations number 6098. If the debt is assumed, the accessory nature of the penalty clause comes to the fore regarding the status of the penalty clause. According to Article 198/1 of the TBK, the rights of the creditor other than those related to the personality of the debtor will be reserved even if the debtor has changed. This conclusion does not raise any doubt that the person who assumes the debt will be liable if the penalty clause is due after the debt is assumed. An important issue to address in terms of assuming the debt is whether or not it is possible for a third-party to assume the penalty clause, which has not been due yet, independently of the principal debt. Also, an interpretation should be made by paying attention to the accessory nature of the penalty clause in the controversial areas previously mentioned about assuming the debt. Before the penalty clause is due, it is not possible to independently assume this due to the accessory nature of the penalty clause. On the other hand, the penalty clause continues its existence as an independent debt after it is due. In this case, it is possible to assume it separately from the principal debt. In our study, an attempt was made to find a solution to the controversial issues on assuming debt by taking the German and Swiss Laws into account.It should be noted that an interpretation should be made without forgetting that the penalty clause is an accessory debt if the receivable is transferred or the debt is assumed. When this method is pursued, it will be possible to obtain consistent results in terms of the effect of the transferred receivable or assumed debt on both the penalty clause which is due and the penalty clause which has not been due yet.In our study, the accessory nature of the penalty clause will first be discussed. Then, the opinions put forward on the subject in the Turkish, Swiss and German doctrines will be included. And finally, we will state our opinion focusing on the accessory nature of the penalty clause on the controversial issues.

The Effect of the Transfer of Receivables or Assumption of Debt to the Penalty Clause

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Annales de la Faculte de Droit d’Istanbul has been an open access, peer-reviewed, scholarly journal published by İstanbul University, Faculty of Law. since 1951. As of the year 2023, it has started to be published two times a year, these publication months being March and September. The journal aims to publish high quality articles and thus contribute to the accumulation and dissemination of knowledge in the field. 
The journal is a well-known and long-standing peer-reviewed academic journal that reviews the latest evolutions in and developments in the legal field since 1951. The approach of the Journal is a comparative one and accordingly will focus on not only Turkish domestic law but also German, Swiss, French, European Union and Anglo-American laws as well as all fields of international law. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to any legal systems. Each edition of the Annales contains significant theoretical contributions while also being a dossier of information on the cross-cultural application of a specific area of law. Annales also publishes both translated texts of Turkish relevant legislation. It is worth noting that Turkey becomes very important actor in the process of enlargement of EU and the regional leader in the Middle East and Asia Minor. Annales is the leading forum for research and discussion of the law and legal systems of these regions. Thus, the Annales with its Editorial Board including both national and international leading experts is the magnet for all legal scholars working in this region.

Fethi

Prof. Dr.

Faruk Kerem

Scopus

EBSCO

ERIH PLUS

TR Dizin

DOAJ

Gale Cengage

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Annales de la Faculté de Droit d’Istanbul

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Editor in Chief

Co Editor in Chief

Editorial Assistant

Ethics Editor

Publicity Manager

Language Editor

Editorial Board Member

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Annales de la Faculté de Droit d’Istanbul aims to publish high quality articles and thus contribute to the accumulation and dissemination of knowledge in the field.Annales de la Faculte de Droit d’Istanbul is a well-known and long-standing peer-reviewed and international academic journal that reviews the latest evolutions in and developments in the legal field since 1951. The approach of the Journal is a comparative one and accordingly will focus on not only Turkish domestic law but also German, Swiss, French, European Union and Anglo-American laws as well as all fields of international law. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to any legal systems. Each edition of the Annales contains significant theoretical contributions while also being a dossier of information on the cross-cultural application of a specific area of law. Annales also publishes both translated texts of Turkish relevant legislation. It is worth noting that Turkey becomes very important actor in the process of enlargement of EU and the regional leader in the Middle East and Asia Minor. Annales is the leading forum for research and discussion of the law and legal systems of these regions. Thus, the Annales with its Editorial Board including both national and international leading experts  is the magnet for all legal scholars working in this region.Priority will be given to authors who will present original perspective on legal issues as described above. However, it is open for all scholars around the world to contribute to the Annales. The editorial board will be pleased to receive submissions from foreign scholars all over the world.

Aim and Scope

<ul><li>SCOPUS</li><li><a href="https://app.trdizin.gov.tr/publication/journal/detail/TnpJeU1nPT0" target="_blank">​TR Index</a></li><li>DOAJ</li><li>EBSCO Central &amp; Eastern European Academic Source </li><li>Erih Plus</li><li><a href="https://go.gale.com/ps/dispAdvSearch.do?userGroupName=anon~84c5a0c7&amp;prodId=AONE" target="_blank">Gale Cengage</a> </li></ul>

Indexing and Abstracting

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Editor should consider publishing correction if minor errors that do not effect the results, interpretations and conclusions of the published paper are detected. Editor should consider retraction if major errors and/or misconduction that invalidate results and conclusions are detected.Editor should consider issuing an expression of concern if there is evidence of research or publication misconduct by the authors; there is evidence that the findings are not reliable and institutions of the authors do not investigate the case or the possible investigation seems to be unfair or nonconclusive. The guidelines of <a href="https://publicationethics.org/resources/flowcharts/complete-set-english" target="_blank">COPE</a> and <a href="https://www.icmje.org/recommendations/" target="_blank">ICJME</a> are taken into consideration regarding correction, retractions or expression of concern.RetractionJournal follows <a href="https://publicationethics.org/sites/default/files/retraction-guidelines-cope.pdf" target="_blank">COPE’s Retraction Guidelines</a> in case of retraction. The editor has the right to retract an article if: <ul><li>There is clear evidence that the findings are unreliable; either as a result of a major error (e.g. miscalculation or experimental error), or as a result of fabrication (e.g. of data) or falsification (e.g. image manipulation).</li><li>It contains plagiarised content. </li><li>It has been published elsewhere without proper attribution. </li><li>It contains material or data without authorisation for use.</li><li>There is copyright infringement or there is some other serious legal issue.</li><li>It reports unethical research. </li><li>There is evidence that the peer-review process is compromised or manipulated.</li><li>The author(s) failed to disclose a significant competing interest (also known as a conflict of interest) that, in the opinion of the editor, would have unduly influenced the interpretation of the work or the recommendations of the editors and peer reviewers.</li></ul>In case of retraction the following steps are followed:<ul><li>Retraction notice including article title is published in a subsequent issue of the journal. The retraction notice is paginated and listed in the table of contents. </li><li>A link is provided between the retraction notice and the original article in the electronic version. </li><li>The online article is preceded by a page containing the retraction notice; the reader can then proceed to the article itself.</li><li>The original article remains unchanged, except for a watermark on the .pdf on each page stating that it has been &#34;retracted”.</li></ul>Article Removal for Legal ReasonsIn the following circumstances, except the metadata (title and authors), the text of the article is removed and a page informing that the article has been removed for legal reasons replaces the article. <ul><li>The article is found to be defamatory or to infringe the legal rights of others, and retraction is not deemed to be an adequate solution.</li><li>The article has been, or is reasonably likely to be the subject of a court order.</li><li>There is a significant risk to public health. </li></ul>

To guarantee that all papers published in the journal are maintained and permanently accessible, articles are stored in Dergipark which serves as a  national archival web site and at the same time permits LOCKSS to  collect, preserve, and serve the content.Additionally, authors are encouraged to self-archive the final PDF version of their articles in open electronic archives with  that conform to standards of Open Archives Initiative (<a href="https://www.openarchives.org/" target="_blank">https://www.openarchives.org/</a>). Authors should provide a link from the deposited version to the URL of IUPress journal website.

<div style="text-align: left;">Annales de la Faculté de Droit d’Istanbul is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by <a href="https://publicationethics.org/" target="_blank">the Committee on Publication Ethics (COPE)</a>, <a href="https://doaj.org/apply/transparency/#principles-of-transparency-and-best-practice-in-scholarly-publishing" target="_blank">the Directory of Open Access Journals (DOAJ)</a>, <a href="https://oaspa.org/" target="_blank">the Open Access Scholarly Publishers Association (OASPA)</a>, and <a href="https://www.wame.org/" target="_blank">the World Association of Medical Editors (WAME)</a> on <a href="https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing" target="_blank">https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing</a></div>All parties involved in the publishing process (Editors, Reviewers, Authors and Publishers) are expected to agree on the following ethical principles.All submissions must be original, unpublished (including as full text in conference proceedings), and not under the review of any other publication synchronously. Each manuscript is reviewed by one of the editors and at least two referees under double-blind peer review process. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unnethical behaviors.All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. In accordance with the code of conduct we will report any cases of suspected plagiarism or duplicate publishing.

Ethics

The journal adheres to the highest standards in research ethics and follows the principles of international research ethics as defined below. The authors are responsible for the compliance of the manuscripts with the ethical rules. - Principles of integrity, quality and transparency should be sustained in designing the research, reviewing the design and conducting the research. - The research team and participants should be fully informed about the aim, methods, possible uses and requirements of the research and risks of participation in research. - The confidentiality of the information provided by the research participants and the confidentiality of the respondents should be ensured. The research should be designed to protect the autonomy and dignity of the participants. - Research participants should participate in the research voluntarily, not under any coercion. - Any possible harm to participants must be avoided. The research should be planned in such a way that the participants are not at risk. - The independence of research must be clear; and any conflict of interest or must be disclosed. - In experimental studies with human subjects, written informed consent of the participants who decide to participate in the research must be obtained. In the case of children and those under wardship or with confirmed insanity, legal custodian’s assent must be obtained. - If the study is to be carried out in any institution or organization, approval must be obtained from this institution or organization. - In studies with human subject, it must be noted in the method’s section of the manuscript that the informed consent of the participants and ethics committee approval from the institution where the study has been conducted have been obtained.

It is authors’ responsibility to ensure that the article is in accordance with scientific and ethical standards and rules. And authors must ensure that submitted work is original. They must certify that the manuscript has not previously been published elsewhere or is not currently being considered for publication elsewhere, in any language. Applicable copyright laws and conventions must be followed. Copyright material (e.g. tables, figures or extensive quotations) must be reproduced only with appropriate permission and acknowledgement. Any work or words of other authors, contributors, or sources must be appropriately credited and referenced.All the authors of a submitted manuscript must have direct scientific and academic contribution to the manuscript. The author(s) of the original research articles is defined as a person who is significantly involved in “conceptualization and design of the study”, “collecting the data”, “analyzing the data”, “writing the manuscript”, “reviewing the manuscript with a critical perspective” and “planning/conducting the study of the manuscript and/or revising it”. Fund raising, data collection or supervision of the research group are not sufficient roles to be accepted as an author. The author(s) must meet all these criteria described above. The order of names in the author list of an article must be a co-decision and it must be indicated in the <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form.</a>The individuals who do not meet the authorship criteria but contributed to the study must take place in the acknowledgement section. Individuals providing technical support, assisting writing, providing a general support, providing material or financial support are examples to be indicated in acknowledgement section.All authors must disclose all issues concerning financial relationship, conflict of interest, and competing interest that may potentially influence the results of the research or scientific judgment. When an author discovers a significant error or inaccuracy in his/her own published paper, it is the author’s obligation to promptly cooperate with the Editor-in-Chief to provide retractions or corrections of mistakes.

Editor evaluates manuscripts for their scientific content without regard to ethnic origin, gender, citizenship, religious belief, political or philosophy of the authors. He provides a fair double-blind peer review of the submitted articles for publication. He ensures that all the information related to submitted manuscripts is kept as confidential before publishing.Editor is responsible for the contents and overall quality of the publication. He must publish errata pages or make corrections when needed.Editor does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.Reviewers evaluate manuscripts based on content without regard to ethnic origin, gender, citizenship, religious belief, political or philosophy of the authors. They must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.Reviewers should identify the relevant published work that has not been cited by the authors. They must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the Editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the Editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The reviewers are not allowed to have copies of the manuscripts for personal use and they cannot share manuscripts with others. Unless the authors and editor permit, the reviews of referees cannot be published or disclosed. The anonymity of the referees is important. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by editor-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope.The editor hands over the papers matching the formal rules to at least two national/international referees for double-blind peer review evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

Peer Review

Only those manuscripts approved by its every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. After plagiarism check, the eligible ones are evaluated by Editor-in-Chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. Editor-in-Chief evaluates manuscripts for their scientific content without regard to ethnic origin, gender, citizenship, religious belief or political philosophy of the authors and ensures a fair double-blind peer review of the selected manuscripts.The selected manuscripts are sent to at least two national/international external referees for evaluation and publication decision is given by Editor-in-Chief upon modification by the authors in accordance with the referees’ claims.Editor-in-Chief does not allow any conflicts of interest between the authors, editors and reviewers and is responsible for final decision for publication of the manuscripts in the journal.Reviewers’ judgments must be objective. Reviewers’ comments on the following aspects are expected while conducting the review.- Does the manuscript contain new and significant information?- Does the abstract clearly and accurately describe the content of the manuscript?- Is the problem significant and concisely stated?- Are the methods described comprehensively?- Are the interpretations and consclusions justified by the results?- Is adequate references made to other Works in the field?- Is the language acceptable?Reviewers must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the editor if they are aware of copyright infringement and plagiarism on the author’s side.A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the editor and excuse himself from the review process.The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The anonymity of the referees is important.

LanguageThe language of the journal is French, English and German.Manuscript Organization and SubmissionAll correspondence will be sent to the first-named author unless otherwise specified. Manuscpript is to be submitted online via http://dergipark.gov.tr/login  that can be accessed at <a href="https://dergipark.org.tr/tr/pub/iuafdi" target="_blank">https://dergipark.org.tr/tr/pub/iuafdi</a>  and it must be accompanied by a <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/23395E62482049DAB2BBDDDFA900A128" target="_blank">Title Page</a> specifying the article category (i.e. research article, review etc.) and including information about the manuscript (see the Submission Checklist). Manuscripts should be prepared in Microsoft Word 2003 and upper versions. In addition, <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form</a> that has to be signed by all authors must be submitted.1.  The manuscripts should be in A4 paper standards: having 2.5 cm margins from right, left, bottom and top, Times New Roman font style in 12 font size and line spacing of 1.5. Due to double blind peer review, manuscript file must not include any information about the author. 2. <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/23395E62482049DAB2BBDDDFA900A128" target="_blank">Title Page</a>  including author information must be submitted together with the manuscript. The title page is to include fully descriptive title of the manuscript and, affiliation, title, e-mail address, postal address, ORCIDs, phone and fax number of the author(s) (see The Submission Checklist).3.The manuscripts should contain mainly these components: title, abstract and keywords, sections,  references and, tables and figures.4. Before the introduction part, there should be abstract between 150-200 words both in the language of the article and in English summarizing the scope, the purpose, the results of the study and the methodology used. Underneath the abstracts, 3-5 keywords that inform the reader about the content of the study should be specified. For the manuscripts in French and German, an extended abstract of 600-800 words is required as well.5. Apart from research articles and reviews, reviews of judgements, legislation assessments and meeting notes are included within the journal.6. Research article sections are ordered as follows: “Introduction”, “Aim and Methodology”, “Findings”, “Discussion and Conclusion”, “Endnotes”, “References” and “Tables and Figures”. For review and commentary articles, the article should start with the “Introduction” section where the purpose and the method is mentioned, go on with the other sections; and it should be finished with “Discussion and Conclusion” section followed by “Endnotes”, “References” and “Tables and Figures”.7. Annales de la Faculté de Droit d’Istanbul offers two options of referencing style. Authors should use OSCOLA (See The References section in below). Accuracy of citation is the author’s responsibility. All references should be cited in text.8. If the manuscript includes a table or graphic, raw data must be submitted as a separate Excel file together with the manuscript Word file. Tables, graphs and figures should be given with a defining title and with a number if it is necessary to follow the idea of the article.9. It is accepted that the submitted manuscripts are in line with the journal’s rules. In case that violation of scientific research and ethical rules and too many writing errors are detected the manuscript would be rejected by the Editor and Editorial Board.10. Authors are responsible for all statements made in their work submitted to the journal for publication.11. The manuscripts submitted to the journal will not be returned whether they are published or not.

Author Guidelines

Reference Style and FormatAnnales de la Faculté de Droit d’Istanbul offers two options of referencing style. Authors should use OSCOLA OSCOLA (Oxford Standard for the Citation of Legal Authorities) is published by the University of Oxford and detail and examples about the style can be found at <a href="https://www.law.ox.ac.uk/research-subject-groups/publications/oscola" target="_blank">https://www.law.ox.ac.uk/research-subject-groups/publications/oscola</a>OSCOLA Reference ExamplesPrimary SourcesDo not use full stops in abbreviations. Separate citations with a semi-colon.CasesGive the party names, followed by the neutral citation, followed by the Law Reports citation (eg AC, Ch, QB). If there is no neutral citation, give the Law Reports citation followed by the court in brackets. If the case is not reported in the Law Reports, cite the All ER or the WLR, or failing that a specialist report.Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884.R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410.Page v Smith [1996] AC 155 (HL).When pinpointing, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, provide the page number pinpoint after the court.Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530–31.If citing a particular judge:Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ).Statutes and statutory instrumentsAct of Supremacy 1558.Human Rights Act 1998, s 15(1)(b).Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI2004/3166.EU legislation and casesConsolidated Version of the Treaty on European Union [2008] OJ C115/13.Council Regulation (EC) 139/2004 on the control of concentrations between undertakings(EC Merger Regulation) [2004] OJ L24/1, art 5.Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48.European Court of Human RightsOmojudi v UK (2009) 51 EHRR 10.Osman v UK ECHR 1998–VIII 3124.Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004).Simpson v UK (1989) 64 DR 188.Secondary SourcesBooksGive the author’s name in the same form as in the publication, except in bibliographies, where you should give only the surname followed by the initial(s). Give relevant information about editions, translators and so forth before the publisher, and give page numbers at the end of the citation, after the brackets.Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268.Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet &amp;Maxwell 2009).K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn,OUP 1998).Contributions to edited booksFrancis Rose, ‘The Evolution of the Species’ in Andrew Burrows and Alan Rodger (eds),Mapping the Law: Essays in Memory of Peter Birks (OUP 2006).EncyclopediasHalsbury’s Laws (5th edn, 2010) vol 57, para 53.Journal articlesPaul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440.When pinpointing, put a comma between the first page of the article and the page pinpoint.JAG Griffith, ‘The Common Law and the Political Constitution’(2001) 117 LQR 42, 64.Online journalsGraham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010)1(1) EJLT &lt; http://ejlt.org//article/view/17 &gt; accessed 27 July 2010.Command papers and Law Commission reportsDepartment for International Development, Eliminating World Poverty: Building ourCommon Future (White Paper, Cm 7656, 2009) ch 5.Law Commission, Reforming Bribery (Law Com No 313, 2008) paras 3.12–3.17.Websites and blogsSarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)&lt;www.nakedlaw.com/2009/05/index.html&gt; accessed 19 November 2009.Newspaper articlesJane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3.

<div><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/934661CC8F4A4C119421126660B9E87F" target="_blank">Title Page</a><a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/DE05EE09CF424EB7AB9BD47856FC5CCF" target="_blank">Author Form</a></div>

Ensure that the following items are present:-           Confirm that the category of the manuscript is specifed.-           Confirm that “the paper is not under consideration for publication in another journal”.-           Confirm that  disclosure of any commercial or financial involvement is provided.-           Confirm that last control for fluent English was done.-           Confirm that journal policies detailed in Information for Authors have been reviewed.-          Confirm that the references cited in the text and listed in the references section are in line with OSCOLA● <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/A210D21E5AF8458AB8893966D5E58CE9" target="_blank">Copyright Agreement Form</a> ● Permission of previous published material if used in the present manuscript● <a href="https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/8D2E67E50E9C42F6BA1F4D2E898C65BE" target="_blank">Title Page</a>-          The category of the manuscript-          The title of the manuscript both in the language of article and in English-          All authors’ names and affiliations (institution, faculty/department, city, country),-          e-mail addresses-          Corresponding author’s email address, full postal address, telephone and fax number-          ORCIDs of all authors..-          Grant support (if exists)-          Conflict of interest (if exists)-          Acknowledgement (if exists)● Main manuscript document-          Important: Please avoid mentioning the author (s) names in the manuscript-          The title of the manuscript both in the language of article and in English-          Abstracts (150-200 words) both in the language of article and in English-          Key words: 3-5 words both in the language of article and in English-          Extended abstract in English if the manuscript is in French or German (600-800 words)-          References-          All tables, illustrations (figures) (including title, explanation, captions)

Annales de la Faculté de Droit d’Istanbul

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