Dilek

Assist. Prof.

Principles of Mandatory Mediation in Commercial Disputes in  Turkish Law with Determinations and Comments on its Applications

Esra

Assoc. Prof.

Fracture of Shareholders’ Rights to Participate in Management in  Joint Stock Company: Establishment of Usufruct on the Share

Fatih

Öğretim Görevlisi Dr.

Short-Termism in Publicly Listed Companies and Corporate Governance

Murat

The Rise of Hermeneutics in Human Rights Interpretation in the Case-Law of the ECtHR and the Domestic Courts

Yunus

Drone Attacks and the Principle of Proportionality in the Law of  Armed Conflict

Serpil

Res. Assist.

Concordat Procedure as a Way to Escape Bankruptcy and the  Evaluation of the Temporary Respite Decision Following the  Amendment to the Law no. 7101: Current Developments and  Experiences in Turkey

Mehmet

Self-Disclosure or Burying the Evidence Dilemma: A Legal Review of  the Data Breach Rules under the Turkish Personal Data Protection Law

Zora

The Significance And Utility of the Rules of Treaty Interpretation, as  Encapsulated in the 1969 Vienna Convention on the Law of Treaties,  for the Purpose of Ascertaining the Meaning of Treaty Provisions

Fulya

The Impact of the Seat of Arbitration on Judicial-Interference:  Do Sections 67, 68 and 69 of the English Arbitration Act 1996  regarding Challenges of Awards Make London An Attractive Hub?

Deniz

Sixty Years of the European Integration: How Resilient is the European  Integration Project against the backdrop of Global Power Shifts?

Ömer

Prof.

Haydar

Cahit

Have Turkish Courts Started to Enforce Foreign Joint Custody  Judgments?

Nilay

Aslı

The 1921 Constitution and Beyond: Any Inspiration After 100 Years?

Elif

Facebook Decision of the Berlin District Court: Does the use of Unfair  Terms Constitute Unfair Competition?

Barış

Serkan

Transforming the Judiciary into the Proxies of The Rulers:  The Hagia Sophia Case

Aslıhan

Incorporation of Standard Risk Exclusion Clauses into Insurance  Contract (A Comparative Analysis with the Provisions of PEICL and  Turkish Law)

Emre

Violation of the Right to A Fair Trial in Arbitration: Analysing the  Turkish Court of Cassation’s Decision of 10 February 2021

Transformation From Soft Law to Hard Law of International  Environmental Protection: Process, Basic Concepts and Principles –  Part 1: “Common Heritage of Mankind”, “Present and Future Generations”,  “Inter/Intra-generational Equity” and “Sustainable Development”

Hande

The fundamental rights of employees who are engaged and inserted in an organization directed by an employer and who are subject to the authority of the latter are nowadays considered basic structural components of the employment contract. Throughout the history of labour laws, which first bore witness to state interventions and collective struggles, the importance of recognizing fundamental rights concerning the protection of employees’ physical well-being and collective rights has continued to grow, with individual rights having appeared more recently.The right to respect for citizen employees’ private life and their right of freedom of expression are the most conflicting fundamental rights and freedoms found in labour law these days. Due to the intuitu personae nature of the employment contract, employees act in accordance with the orders and instructions of the employer in the workplace where they spend most of their time. The right to respect for employees’ private life primarily prohibits employers from intruding into the privacy of their employees’ lives. However, this right may be limited, and the legitimate interests of the employer and the right to respect for employees’ private life are noted to sometimes conflict.One aspect of an employer’s intrusion into an employee’s private life concerns the health tests required by employers. In order for the tests to be applied to employees in accordance with the law, the employer must have a legitimate interest, the explicit consent of the employee must be obtained, the samples must be taken by the doctor due to its relation to the confidentiality of the person’s health data, the results must be used in a way that does not infringe on employee confidentiality, and the test results must be accessible to the employee.As a general rule, an employee’s behaviour outside the workplace cannot be a reason for sanction or dismissal. However, an employee’s behaviour may be contrary to their contractual obligations or objectively harm the employer’s interests. Therefore, an employer should only be able to intervene in the life of an employee outside the workplace as a result of the employee violating their obligations arising from the employment contract or of damage to the employer’s reputation and image.Employers undoubtedly are able to control their employees’ work and workplace as well as monitor their activities at work. For bag and cabinet searches to be legal, the search must be based on an objective reason, and the employee must be informed. Additionally, employers undoubtedly also have the power to control the communication tools they provide during working hours and to monitor employees using cameras (video surveillance) in the workplace. For video surveillance, as for communication surveillance to be legitimate, the employer must first have a legitimate interest, and the employee must have been informed of the surveillance beforehand.As citizens, employees both individually and collectively can explain their opinions on topics such as sports, science, and politics as well as express criticisms about their employer, whether in or outside the workplace. Employers may terminate the employment contract without compensation if an employee makes statements or acts that undermine the honour and dignity of the employer or a member of the employer’s family or if the employee makes unfounded statements or accusations about the employer which are detrimental to the employer’s honour and dignity. Criticisms that occur within or outside the workplace regarding the organization or working conditions and that reflect the truth despite being severe, shocking, or harsh, are accepted within the framework of employees’ freedom of expression. Employees may also express their thoughts and share different moments of their lives using the Internet at work or outside of the workplace. As for freedom of political expression, the employee must additionally avoid statements that are likely to disturb the peace at work or that might negatively affect the work organization or work performance.The exceptional nature of the employment relationship as a contractual relationship of power and as demonstrated by examples regarding the exercise of employee rights and freedoms in the workplace has created commonalities within democratic societies that are marked by the realization of fundamental rights and freedoms and the protection of human.&nbsp;The principle of proportionality involves the inseparable consequence of the recognition of freedoms in labour relations. In conjunction with the emergence of employees’ fundamental rights, a particular method has emerged in labour law regarding the judicial reasoning surrounding this principle.The principle of proportionality and the method of legal control ensured by this principle originated in German administrative law and then appeared within the system of the European Court of Human Rights (ECtHR) through the influence of German law. This principle became the golden rule of European human rights case law and was admitted as being inherent within the Convention system in terms of seeking a fair balance between general interests and the imperatives of the protection of fundamental rights. Therefore, national courts and the ECtHR use this principle in a methodology composed of several elements for the effective protection of fundamental rights and freedoms.This study approaches the subject of the protection of citizen employees’ fundamental rights and freedoms in three sections. The first section evaluates a historical overview of these rights and freedoms, their inevitable progress, and their essential function in labour law. The second section examines certain examples of the employee’s fundamental rights in light of doctrine and case law. Given that employees’ fundamental rights and freedoms arose as a limit to employers’ power, the third and final section is devoted to the reconciliation of power and freedoms within the workplace through the method of legal control based on the principle of proportionality.&nbsp;

Fundamental Rights and Freedoms of Citizen-Employee in Labour Law

Salih

European Union Law and Mitigation of Artificial Intelligence-Related  Discrimination Risks in the Private Sector: With Special Focus on the  Proposed Artificial Intelligence Act

Zafer

Contractual Performance Facing Covid-19: A Comparative Analysis

Banu

Performance of Characteristic Obligation in Multiple Places under  Brussels I Recast Article 7(1)(b): Legal Certainty and Predictability  over “a Close Connection”

Helga

This paper analyzes the link between the legal concept of “person” and the status of artificial intelligence in legal systems from a conceptual perspective. In this framework, some triggering questions include: Is there any space in which an artifact or human construction can be considered analogous to a human being? Is a conceptual category possible that can at some point allow for the linking of human actions and those generated by an artificial intelligence? Is there a common denominator that enables the meeting of robots and men / women? If there is, what (if anything) does the recognition of artificial intelligence say about the common denominator? What kind of social reaction gives rise to it and grounds it?The starting point of this research is that, in the field of law, the concept of person has the potential to establish itself within a common scenario in which human beings and other kinds of entities act, as long as its meaning is established in such a way that enables a common interaction. To explain this, it is worth thinking that, in the legal field, “person” is often used in a merely technical sense: an entity capable of acquiring rights and obligations; but also, in many other definitions, this concept is used in a common way and linked to a moral prescription: the human being who deserves special legal treatment for having such a nature. In this framework, here it is described how, depending on the meaning adopted regarding the legal concept of person, artificial intelligence may or may not be conceived as a subtype of it. Likewise, some characteristics and consequences that the incorporation of the “electronic person” has on the legal concept of person are explained.To do so, a comparison is made of the regulation proposed by the European Parliament with three types of persons recognized in the Argentine legal system: human persons, non-human animal persons, and legal persons.The main debate, from a philosophical point of view, lies between the positivist and non-positivist (in a broad sense) positions. It is explained that depending on the perspective regarding what it is to be a person in law, problems may arise in admitting the incorporation of electronic persons under the common denominator. A positivist position will have no inconvenient: as long as the legal system attributes rights or obligations, there will be a person. Thus, we can have people with all the rights and obligations (such as human persons), people with some rights and obligations (such as legal persons), people with some rights (such as non-human animal people), and people with some obligations (electronic people). There are not too many characteristics in common between all of these parties. Perhaps the most conspicuous commonality between these groups is being the recipients of rights and/or obligations. We can also mention some kind of ability to interact with the environment.&nbsp;Non-positivist positions are more varied. Some positions might recognize the usefulness of incorporating electronic persons. However, they could object to this admission due to the effect it has on the legal concept of person in general.As a conclusion, it is stated that the notion of electronic person can cause theoretical damage to the semantics of the legal concept of person. On the one hand, this is because the concept may lose part of its prescriptive force at the same time that it reduces the definition to the current casuistry which is conditioned to the emergent. On the other hand, it has a practical advantage, which is to provide a tool to attribute liability for damages to an entity that is interacting with companies. The question is thus, as in the case of human persons, legal entities and non-human animal persons: is the concept of person the most useful and most convenient to achieve the desired effect with respect to artificial intelligence?&nbsp;

Artificial Intelligence and Reconsiderations on the Legal Concept of Person on the case of Argentina

Roxane

Pınar

Aggravated Migrant Smuggling in a Transit Migration Context, Criminal Victimization under ECtHR Positive Obligations Case Law

Tolga

Recent Developments on the Question of Religion Courses: An Analysis of a Turkish Constitutional Courts’s Decision in 2022

Ekin

Pushback of Refugees Under International Law: A Conceptual Analysis

Ülker

Can Rawls’ Theory of Distributive Justice Become a Cure for Poverty?

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İmge

Evaluation of the Turkish Constitutional Court’s Decisions Regarding  Transsexuals’ Individual Applications Following the Rejection of  Their Name Change Requests

Can the Chairman of Managing Directors at a Limited Liability  Company Convene the Members’ Meeting?

A mandate agreement may be ended or terminated for general reasons in relation to obligations or for special reasons in relation to the mandate as regulated under Articles 512 and 513 of the Turkish Code of Obligations (TCO). One of the special reasons for ending a mandate agreement involves unilateral termination as regulated under Article 512 of the TCO; this forms the subject of the current study. According to this provision, a mandate agreement can be unilaterally terminated by the mandatee or the mandator at any time without need to propound upon a valid reason or grant a notice period. The mandator’s declaration for unilateral termination of an agreement is defined as a “dismissal,” whereas the mandatee’s declaration is defined as a “resignation.” The reason for introducing this provision pertains to the mutual trust that exists between the parties and lies at the foundation of the mandate agreement. Legislators have aimed to allow the parties of a mandate agreement to void a mandate relationship in the case of a reduction in the mutual trust between the parties for any reason.The right granted to parties under Article 512 of the TCO is exercised by a unilateral declaration that terminates the contractual relationship upon its receipt by the other party. Therefore, the legal nature of this right is accepted as formative right. Similar to other formative rights, the right stated under Article 512 of the TCO no longer exists upon being exercised and cannot be revoked once exercised. However, applying Article 10 of the TCO by analogy allows one to revoke the declaration of termination of an agreement before it becomes effective by submitting a withdrawal of the notification of declaration of termination to the other party before the declaration of termination is delivered to the other party, or at the very latest, at the same time the declaration of termination reaches the other party.Another consequence of the formative nature of the right expressed under Article 512 of the TCO is that this right cannot be exercised conditionally. However, scholars have correctly stated that formative rights can be exercised with a condition that contains no uncertainty for the other party. Within this scope, the right expressed under Article 512 of the TCO can thus also be exercised with a condition that does not leave the other party in uncertainty. Conditions that are subject to the other party’s will in particular are applicable for declarations of termination.In addition, determining whether the right to unilaterally terminate a mandate agreement under Article 512 of the TCO has a proactive (ex tunc) or retroactive (ex nunc) effect importantly depends on whether the performance of obligation has started or not. In cases where performance has started but not yet been completed, the agreement will be terminated with proactive effect. In this case, the right exercised under Article 512 of the TCO will be defined as a termination. Meanwhile, in cases&nbsp;where the agreement has ended before the performance of work has begun, the mandate relation will cease to exist retroactively. In other words, the right being exercised will be defined as a rescission. In cases where the mandated performance has an instantaneous nature in particular, the agreement can only be ended with retroactive effect.In cases where the mandate agreement is terminated with proactive effect, the demands that occurred up to the point of termination shall not be affected by the termination of the agreement. Therefore, the mandatee’s obligation for giving an account of its activities carried out up until the date of termination shall remain in force. Additionally, the mandatee is obliged to return anything received for whatever reason as a result of such activities. Termination of the agreement also does not eliminate the mandatee’s confidentiality obligation within the framework of duty of care.From the aspect of the mandator’s obligations, if the parties agree on remuneration for the mandatee or if a custom is already in place in this regard, the mandatee shall be entitled to remuneration for the services conducted up until the date of termination. Another obligation of the mandator is to reimburse the expenses the mandatee has made in the course of services and release the mandatee from the obligations they bear in relation to the services. Commencement of services up until the date of termination shall be adequate for expenses demanded, and compliance with services shall no longer be required. As for the expenses made before the commencement of service, the mandatee in principle cannot demand remuneration for these expenses. However, if the right of termination is exercised at an inopportune juncture, these expenses can be demanded by the mandatee within the scope of compensation.If the mandatee is authorized, required as per circumstances, or allowed by custom, the mandatee may delegate third parties to conduct the services wholly or partially through a sub-mandate agreement (qqv. Art. 506/1 of the TCO). When the primary mandate agreement is terminated, the benefit expected from the submandate agreement usually ceases to exist. However, because these two agreements are separate legal affairs that are distinct from each other, termination of a primary mandate agreement under Article 512 of the TCO does not ex officio end the submandate agreement.As per Article 512 of the TCO, the party who terminates the mandate agreement is only liable for remuneration of damages in relation to the inopportunity of the termination. Dominancy among scholars states that the damages to be compensated as per Article 512 of the TCO are reliance damages. However, Ido not share this opinion. Reliance damages are those that would not have occurred had the agreement never been signed. However, the damages to be compensated under Article 512 of the TCO are not the damages that would not have occurred had the agreement never been signed but rather the damages that would not have occurred had the agreement been terminated at the nearest opportune juncture instead of at an inopportune juncture. Therefore, the general ruling regarding the types of damages considered as excess damages or reliance damages under Article 512 / p. 2 is not applicable here. Excess or reliance damages can be included depending on the matters involved in case.Whether the parties can agree to a repeal of the termination right under Article 512 of the TCO, namely whether the wording in Article 512 of the TCO is a compulsory provision or not, is disputable. The consensus opinion, which is also shared by me, states that Article 512 of the TCO is not a compulsory provision. I accept that parties can revoke the right to unilaterally terminate a mandate as regulated under Article 512 of the TCO within the framework of the freedom of contract. This freedom shall be limited in cases where revoking or restricting this right constitutes a violation of personal rights. In cases where the agreement is fundamentally based on a trust relationship in particular, any provisions that hinder the application of Article 512 of the TCO may be considered to contradict the personal rights and deemed void as per Article 27/1 of the TCO. Similarly, the provisions that stipulate excessive penalty amounts with regard to termination of a mandate in these kinds of agreements must be deemed void as per Article 27/1 of the TCO due to the violation of personal rights.&nbsp;

Unilaterally Termination of the Mandate Agreement as Per Article 512 of the Turkish  Code of Obligations

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Ayşe Ledün

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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Volkan

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

@JOURNAL_BOX_MOSTREAD

Our journal will be published two issues (March, September) per year starting from 2023.

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.

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.

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Annales de la Faculté de Droit d’Istanbul

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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.

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Authors publishing with the journal retain the copyright to their work licensed under the Creative Commons Attribution-NonCommercial 4.0 International license (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">CC BY-NC 4.0</a>) (<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank">https://creativecommons.org/licenses/by-nc/4.0/</a> ) and grant the Publisher non-exclusive commercial right to publish the work. CC BY-NC 4.0 license permits unrestricted, non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

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 COPE and ICJME are taken into consideration regarding correction, retractions or expression of concern.

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 the Committee on Publication Ethics (COPE), the Directory of Open Access Journals (DOAJ), the Open Access Scholarly Publishers Association (OASPA), and the World Association of Medical Editors (WAME) 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 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)

Issue Type	Regular
Editor(s)	Ömer Ekmekçi, Haydar Burak Gemalmaz
Cover (PDF)
Front Pages (PDF)

Annales de la Faculté de Droit d’Istanbul

ISSUE 70, 2021

Principles of Mandatory Mediation in Commercial Disputes in Turkish Law with Determinations and Comments on its Applications

Fracture of Shareholders’ Rights to Participate in Management in Joint Stock Company: Establishment of Usufruct on the Share

Short-Termism in Publicly Listed Companies and Corporate Governance

The Rise of Hermeneutics in Human Rights Interpretation in the Case-Law of the ECtHR and the Domestic Courts

Drone Attacks and the Principle of Proportionality in the Law of Armed Conflict

Concordat Procedure as a Way to Escape Bankruptcy and the Evaluation of the Temporary Respite Decision Following the Amendment to the Law no. 7101: Current Developments and Experiences in Turkey

Self-Disclosure or Burying the Evidence Dilemma: A Legal Review of the Data Breach Rules under the Turkish Personal Data Protection Law

The Significance And Utility of the Rules of Treaty Interpretation, as Encapsulated in the 1969 Vienna Convention on the Law of Treaties, for the Purpose of Ascertaining the Meaning of Treaty Provisions

The Impact of the Seat of Arbitration on Judicial-Interference: Do Sections 67, 68 and 69 of the English Arbitration Act 1996 regarding Challenges of Awards Make London An Attractive Hub?

Sixty Years of the European Integration: How Resilient is the European Integration Project against the backdrop of Global Power Shifts?

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