Fethi

Prof. Dr.

Ömer

Faruk Kerem

Prof.

Haydar

Abuzer

Aydın

Mehmet

Transformation From Soft Law to Hard Law of International Environmental Protection: Process, Basic Concepts And Principles – Part II: “No transboundary environmental harm”, “Precautionary”, “Environmental impact assessment” and “Access to information and participation in decision-making process” principles

Zeynep Derya

Syrians under Temporary Protection and Their Acquision of Turkish Citizenship

Melda

Assist. Prof. Dr.

“Inherent Vice of the Goods” Exception in the frame of “Volcafe Ltd and Others v. Compania Sud Americana de Vapores SA” Decision: An Assessment under Turkish-German Law

Gül

Assist. Prof.

Halil

The Legal Nature of Program Formats as Copyrightable Works in Turkish Law

Barış

Shifting Financial Privileges from Dynasty to Parliament In the Emergence of Modern Turkiye

Çiğdem

Berrin

Green Is the New Black: The Rise of Green Marks and Possible Solutions to Greenwashing

Res. Assist. Dr.

Acts that parties fulfill or undertake to fulfill in order to prove a contract concluded or to be rid of an undertaken commitment are frequently encountered in both daily and commercial life. When taking this situation into consideration, legislators have considered the importance of these types of centuries-old habits by introducing regulations to the Turkish Code of Obligations (TCO) on earnest money, forfeit money, or withdrawal and termination by paying a penalty and attaching certain legal consequences. This study aims to analyze each of these concepts separately in terms of theory and practice.According to Art. 177 para. 1 of the TCO, a sum of money paid by one of the parties at the time of the conclusion of the contract is considered proof of the conclusion of the contract (arrha confirmatoria). Earnest money, by virtue of it facilitating a function in terms of proof of conclusion of the contract and accentuation of the binding nature of this legal act, strengthens the creditor’s position, similar to the contractual penalty. The payment of earnest money does not constitute an agreement distinct from the contract to which it relates. If the contract for the conclusion of which the sum of money paid as evidence is invalid, the agreement between the parties concerning this performance will also be invalid. According to Art. 177 para. 2 of the TCO, earnest money whose evidentiary quality for the conclusion of a contract is as a general rule presumed by the legislator to be set off against the principal claim (i.e., the principal obligation of the paying party). Although the presumption of the second paragraph is that it is to be deducted from the principal performance, the retention of earnest money by the beneficiary without deduction may be provided for in accordance with an agreement between the parties. If the principal obligation of the payer becomes impossible due to a circumstance for which they are responsible, the earnest money that is given in principle as proof of the conclusion of the contract is to be deducted from the amount of damages that the debtor (payer) is obliged to pay in accordance with the new legal presumption under the terms of the Art. 177 para. 2 of the TCO. If the contracting party terminates the contract for which the earnest money was paid at the time of its conclusion due to a breach of contract by the payer, the fate of the earnest money will be determined by whether it is a resolution or a termination.Forfeit money can be defined as a sum of money that provides the payer with the power to withdraw from the contract without requiring a valid reason (licentia paenitendi). According to Art. 178 of the TCO, forfeit money is paid at the time a contract is concluded, giving the contracting parties the power to withdraw from the contract. The agreement concerning the forfeit money must be concluded in accordance with the form of the contract to which it relates. When the forfeit money is delivered, the parties obtain facultas alternativa concerning the performance of their contractual obligations or the resolution/termination of the contract. According&nbsp;to the first sentence in Art. 178 of the TCO, both parties are deemed to have the right to terminate the contractual relationship in the event of payment of the forfeit money. The rest of the article states the fate of the forfeit to be governed by the party terminating the contract. Thus, if the payer withdraws from the contract, the real forfeit money amount will remain with the beneficiary; if the beneficiary withdraws from the contract, they will be obliged to return double the forfeit money to the payer. If the right to withdraw from the contract is not exercised, the actual forfeiture should be set off against the principal claim in analogy with the Art. 177 para. 2 of the TCO, unless the parties agree otherwise. The question of whether the last paragraph of Art. 182 of the TCO concerning the reduction of the contractual penalty is applicable to the actual forfeit money is controversial. In a contract where the resolutory penalty has been stipulated, the creditor can only demand performance of the principal obligation. The creditor’s claim for performance can be paralyzed by the debtor’s payment of the penalty. If the parties have agreed on a penalty, the debtor is the one who must prove that it is also a resolutory penalty. In other words, the contractual penalty is presumed, not the resolutory penalty. Given the nature of the resolutory penalty, which differs fundamentally from the contractual penalty in that it only provides the debtor with the power to withdraw from the contract instead of remaining bound by it, it cannot be deduced under the terms of the last paragraph of Art. 182 in the TCO on the grounds that the sum is excessive even by analogy, unless the contracting parties attribute a contractual penalty to the resolutory penalty.

A study on the deposit (within the meaning of Art. 177 of the COT), the actual forfeiture (art. 178 of the COT), and the resolutive penalty (the last paragraph of Art. 179 of the COT)

Ahmet

Res. Assist.

The systematic way of thinking and perceiving law originates mainly in natural law, and the foundations can also be found in Roman law. However, the 19th-century Pandectists reached the pinnacle of systematization and abstraction when they systematically organized the sources in the Roman law fragments.The legal methodology of Friedrich Carl von Savigny, founder of the Historical School of Jurisprudence, is characterized by influences from natural law, i.e., a systematic approach to thinking about law. Savigny’s methodology is therefore not only historical, but also systematic and philosophical. According to Savigny, legal propositions and rules are formulated through the abstraction and totalization of legal institutions. Savigny paved the way for the jurisprudence of concepts with these approaches (Begriffsjurisprudenz).In the second third of the 19th century, German legal thought was dominated by the jurisprudence of concepts, a logical-systematic understanding and methodology of law. It excluded the law’s metaphysical assumptions. General and abstract legal rules and legal concepts are organized in a conceptual pyramid through abstraction. Further, logical deduction can be used to construct more specific legal rules from these legal concepts.This article aims to explain the significance and systematic position of Georg Friedrich Puchta’s “Genealogy of Concepts” (Genealogie der Begriffe), expose it to Rudolf von Jhering’s criticism in the comparison of theories, and demonstrate his own analysis of legal formation and legal change.&nbsp;In pursuit of this aim, the second section examines the significance and structural positioning of Puchta’s Genealogy of Concepts. Expanding on this foundation, the third section examines Jhering’s criticism of this methodology as well as his alternative approaches. Consequently, the conclusion summarizes the key findings. Primary sources include Puchta’s Genealogy of Concepts in Cursus der Institutionen 33 and Jhering’s critique and evolving understanding of law.This work demonstrates that the jurisprudence of concepts and its critique include many philosophical, sociological, and even economic considerations. Puchta developed a legal formalism with the “genealogy of concepts” method, distinguishing between law’s systematic and historical aspects. Conceptual jurisprudence limits the function of a judge to the “logical subsumption of the factual situation under legal concepts.” If a judge cannot derive a “firm, well-founded conviction” from this system, they can depart from its practical requirements to establish new legal rules.Jhering criticized Puchta’s methodology for being formalistic, positivistic,&nbsp;inapplicable, and insensitive to justice. Since the school of the free law school and the jurisprudence of interest, Puchta’s entire body of work is to blame for the new methodology’s criticism of “the jurisprudence of concepts” With the Puchta ancestry, jurisprudence, according to Jhering, has become divorced from social facts and political and moral reality. Due to this, the movement against Puchta was born from a philosophical point of view and a sociological perspective. Jhering criticized Puchta’s “failed” legal theory for still being remembered in the jurisprudence of concepts.Many of Jhering’s criticisms appear to be justified. Several legal institutions/ concepts that were deemed impossible in the jurisprudence of concepts are already in use in modern law.Jhering vacillated between the two extremes because he found Puchta’s methodology incompatible with social change. In a sense, Jhering’s turn signifies that legal thought prioritizes justice over legal formalism. According to him, the law should not be divorced from life’s realities. In addition to the law, Jhering considered the sense of justice (Rechtsgefühl), which has remained pertinent to this day.Puchta’s method does not find many adherents in today’s methodology because it focuses only on the subject matter of the law and not on the law as a whole. This is primarily because it does not adequately address the practical end goal of law. However, it cannot be denied that the historical school of jurisprudence has significantly influenced the law.Since the 1880s, the systematic treatment of Roman legal principles and the dogmatic rigidity of German law has been abandoned, and Jhering’s concept of “purpose in law” became popular. Jhering’s return to pragmatic jurisprudence is regarded as the beginning of the jurisprudence of interests. In the jurisprudence of concepts, reason takes precedence, whereas in the jurisprudence of interests, “primacy of life research and life values” take precedence.&nbsp;

History and dogmatics of law by Puchta and Rudolf von Jhering

Baha

Negotiorum Gestio As a Source of Obligation: From Roman Law to Modern Codes

Ebru

International Law in Cyberspace: An Evaluation of the Tallinn Manuals

@JOURNAL_BOX_CURRENT

Muhammet

Ümit

Taxation of Crypto Assets: The Example of U.S. Federal Income Tax

Pelin

The precontractual phase is a gray area, difficult to define, and governed by freedom of contract. The parties can organize their talks by mutual agreements and impose contractual obligations even in precontractual periods. The presence of preparatory conventions would be apparent when these documents show the mutual and concordant wills of the two parties. Preparatory conventions consist of stipulations to prepare a subsequent contract. Precontractual negotiations are not explicitly addressed in the Turkish Code of Obligations; therefore, the parties should keenly be interested in organizing this phase and defining the rules to follow and their reciprocal behavior. The precontractual documents may be established by the parties in various formats and contents. We will limit ourselves to bilateral acts, and as a result, unilateral actions such as the letter of intent sent by one of the parties to start the talks would not be addressed in this article.There can be many classifications for precontractual documents. We choose to classify preparatory conventions concerning their mandatory effect.The parties to a contract of negotiation agree to coordinate the proceedings of the talks. Consequently, it facilitates the conventional organization of the precontractual phase’s structure. The content of a negotiation contract pertains to the precontractual process and not the subsequent main contract. This means that these contracts contain only important provisions for the precontractual phase, such as the duties of each person involved, duration and conditions of negotiations, important dates, and distribution of costs. It could also contain more specific commitments such as nondisclosure, best effort, or exclusivity clauses.&nbsp;Only the precontract is considered a precontractual agreement following the Code of Obligations. By mutual agreement or unilaterally entering into a preliminary contract, the involved parties commit to finalizing the main contract. However, the precontract is distinguished from other precontractual documents in several content and form-related respects. Indeed, the obligations generated by the precontract are legitimate contractual obligations.The framework contract is a contract by which the parties lay down the main rules and conditions that will govern the subsequent contracts referred to as application or performance contracts. It is a common instrument utilized when the involved parties enter into a long-term relationship during which they execute multiple contracts bearing a striking resemblance in terms of content. The core of the content is in the framework contract, that is, the minimum content of the subsequent application contracts. The parties’ consensus regarding the fundamental aspects of their future performance contracts signifies not only the preparatory nature of the framework&nbsp;contract but also its obligatory effect, as the parties can no longer retreat from the agreed-upon points.The preferential agreement is an agreement whereby one party grants the other priority in negotiations should it enter into a specific contract. In other words, one party gives the other the right of first refusal on negotiations. The preferential agreement does not oblige the conclusion of a contract; the obligation exists only for the negotiations for its conclusion.The preparatory documents without a mandatory effect are the memorandum of understanding, meeting minutes, and gentlemen’s agreements.The memorandum of understanding can also be called heads of agreement or memorandum of agreement. This means that the parties prepare a document on the points of agreement at any given time in their negotiations. Thus, they refrain from revisiting the same points, which shows the current state of their consensus. The existence of such a document would not infringe upon the parties’ freedom not to contract. In principle, this agreement does not constitute an obligation-generating act and therefore has no contractual effect.Meanwhile, meeting minutes are reports of the meetings during the negotiations. One can easily see the discussion points of each meeting, which facilitates parallel meetings of groups with different authorities.By a gentlemen’s agreement, the parties deliberately put themselves outside the law. In other words, the commitments are not legally enforceable; the parties solely pledge their honor for the execution, and the binding force exists only morally. They do not entail any legal obligations. The parties trust the honor of the co-contractor rather than the legal sanction. There is a risk if one of the parties fails to conduct themselves “gentlemanly”; however, it would be a calculated risk for the other party.

Preparatory Conventions

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Ayşe

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

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

@JOURNAL_BOX_MOSTREAD

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.

Scopus

EBSCO

ERIH PLUS

TR Dizin

DOAJ

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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

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></ul>

Indexing and Abstracting

The journal 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 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> The subjects covered in the manuscripts submitted to the Journal for publication must be in accordance with the aim and scope of the Journal. Only those manuscripts approved by every individual author and that were not published before in or sent to another journal, are accepted for evaluation.Changing the name of an author (omission, addition or order) in papers submitted to the Journal requires written permission of all declared authors.Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unethical 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. Plagiarism Submitted manuscripts that pass preliminary control are scanned for plagiarism using iThenticate software. If plagiarism/self-plagiarism will be found authors will be informed. Editors may resubmit manuscript for similarity check at any peer-review or production stage if required. High similarity scores may lead to rejection of a manuscript before and even after acceptance. Depending on the type of article and the percentage of similarity score taken from each article, the overall similarity score is generally expected to be less than 15 or 20%. Double Blind Peer-Review After plagiarism check, the eligible ones are evaluated by the editors-in-chief for their originality, methodology, the importance of the subject covered and compliance with the journal scope. The editor provides a fair double-blind peer review of the submitted articles and hands over the papers matching the formal rules to at least two national/international referees for evaluation and gives green light for publication upon modification by the authors in accordance with the referees’ claims.

Policies

The journal is an open access journal and all content is freely available without charge to the user or his/her institution. Except for commercial purposes, users are allowed to read, download, copy, print, search, or link to the full texts of the articles in this journal without asking prior permission from the publisher or the author. This is in accordance with the <a href="https://www.budapestopenaccessinitiative.org/read" target="_blank">BOAI</a> definition of open access.The open access articles in the journal are licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (<a href="https://creativecommons.org/licenses/by-nc/4.0/deed.en" target="_blank">CC BY-NC 4.0</a>) license.

All expenses of the journal are covered by the Istanbul University. Processing and publication are free of charge with the journal. There is no article processing charges or submission fees for any submitted or accepted articles.

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 <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.

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 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)	Fethi Gedikli

Issue Type	Regular
Editor(s)	Ömer Ekmekçi, Faruk Kerem Giray

Annales de la Faculté de Droit d’Istanbul

ISSUE 73, 2023

ISSUE 72, 2023

METRICS