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Publication Metadata only Syrians under temporary protection and their acquision of Turkish Citizenship(Istanbul University Press, 2023) Tarman, Zeynep Derya; Law SchoolThis paper describes possible ways of acquiring Turkish citizenship in relation to those Syrians in Turkey who are under temporary protection status. The paper initially provides an overview of the types of international protection statuses under Turkish law following which temporary protection status is examined. Next, the Turkish Citizenship Act is analyzed through the status of Syrians in Turkey. In this regard, initially, the acquisition of Turkish citizenship through kinship and general neutralization are explained, following which exceptional ways of acquisition is elaborated upon. Then, acquiring Turkish citizenship through marriage is explained which is followed by the final section on acquisition of Turkish citizenship through adoption. In providing such explanations, Council of State decisions that reflect the discretionary powers of the administrative authorities as well as the interpretations under the doctrine are taken into account. While certain particularities and restrictions under the relevant laws exist and the discretionary powers of the administrative authorities as well as Turkish public policy concerns may cause obstacles, the Turkish Citizenship Act provides possible legal grounds for the naturalization of Syrians under temporary protection in Turkey.Publication Metadata only International lawyers as hope mongers: how did we come to believe that democracy was here to stay?(BRILL, 2024) Aral, Işıl; Law SchoolIt is common these days to lament the recession of democracy around the world. The way scholars address the issue of democratic backsliding shows that there is a significant gap between the expectation about democracy's anticipated course of development and the current state of affairs. This article argues that the expectation that democracy would consolidate over time was produced by the progress narrative of democratic governance discourses. Drawing on narratology, it conducts a discourse analysis to demonstrate that today's dismay about the recession of democracy is due to an unwarranted expectation that was created by the progress narrative of democratic governance discourses. It focuses on the periodisation of history in the construction of these discourses and investigates how scholars used the Cold War - post-Cold War dichotomy to create a progress narrative.Publication Metadata only The Turkish constitutional court and Turkey's democratic breakdown: Judicial politics under pressure(De Gruyter, 2024) ; Oder, Bertil Emrah; ; Law School;Under Turkey's democratic breakdown, the Turkish Constitutional Court offers a case study to identify the dynamics of judicial politics in electoral autocracies. Although the Court has been subject to criticism regarding its low commitment to the political pluralism and rights-based approach previously, the current situation presents itself differently. It is marked by a massive erosion in democratic qualities including an abuse of the judiciary against dissents in an unprecedented manner. Yet, the Court is still formally independent and empowered through constitutional norms such as the fixed tenure, retirement age, and jurisdiction in crucial matters. Since the institutional guarantees of the Constitutional Court are untouched, it has still the potential to become a major political player. Therefore, its study may also contribute to the comparative scholarship on the role of constitutional review under new pressures of the third wave autocratization that contraction and expansion dynamics of judiciaries can be better understood. The present study aims to feature the judicial politics of the Court under Turkey's current democratic regression by conceptualizing a resistance-deference paradox on the ground politically significant cases.Publication Metadata only The climate crisis and private companies: how to address the sustainability arbitrage problem(Springer Heidelberg, 2023) Veziroğlu, Cem; Kayıklık, Abdurrahman; Law SchoolIn the presence of pressing challenges related to climate change, there is a wide range of policy proposals concerning the green transition of companies. Although private companies-especially those in the energy sector-have a significant role in the climate crisis, current strategies focus mainly on public companies. Such a single-minded approach to policymaking could give rise to a phenomenon that we term sustainability arbitrage, whereby activities causing climate change gradually shift from public firms to private ones. This may, in turn, create a world where public firms look relatively green while their private rivals become the main driver of activities contributing to the climate crisis. In this paper, we focus on sustainability arbitrage, its manifestations and possible strategies to overcome this problem. We first discuss if the current sustainability-driven corporate governance mechanisms are effective in curbing the sustainability arbitrage problem. In order to prevent sustainability arbitrage, we argue for extending mandatory climate disclosure rules to private companies. We also analyze responsible divestment/phasing out of carbon-intensive assets by public companies as a complementary strategy.Publication Metadata only Interpretation of the scope of international commercial arbitration agreements: a comparison of Swiss and Turkish case law(Springer Heidelberg, 2024) Önay, Işık; Law SchoolDetermining the extent to which parties have agreed to submit their disputes to arbitration is a matter of contract interpretation. It is very rare that an international arbitration convention or national legislation on international arbitration provides specific rules pertaining to interpretation of the scope of arbitration agreements. Therefore, general rules of contract interpretation are usually used as a starting point to construe the scope of international commercial arbitration agreements. Developing specific principles for interpretation is left to courts and arbitral tribunals. This paper focuses on the practice of courts regarding this matter in two countries, i.e., Switzerland and Turkey. The paper firstly provides an overview of the general principles adopted by the courts in the two countries. Then case law in both countries is compared and contrasted with regard to selected scenarios frequently occurring in practice. The comparison of case law reveals how courts' differing approaches to arbitration can make a difference in practice, even where very similar rules are applied. The comparison confirms the reputation of Swiss courts for adopting a pro-arbitration approach. Turkish courts, on the other hand, seem to be more reluctant in construing the scope of international commercial arbitration agreements broadly. This paper argues that the current practice in Turkey does not reflect the legislator's intent and courts should change their practice and adopt a more liberal approach in line with contemporary trends in international commercial arbitration practice.Publication Metadata only Applicative problems regarding the Turkish certificate of succession(Springer Nature, 2023) Tarman, Zeynep Derya; Law SchoolConsidering the intensifying transnational migrations, multicultural families and the Turkish population living abroad, requesting a Certificate of Succession (the legal document which names a deceased person’s heirs) from Turkish authorities, or the recognition of a foreign Certificate of Succession in Turkey, is gaining increasing practical importance. However, determining the international jurisdiction of Turkish courts for the issuance of a Certificate of Succession containing a foreign element brings up certain debates under Turkish law. The competence of the notary publics in the issuance of a Certificate of Succession is also contentious. In addition, where a Certificate of Succession is requested from a competent Turkish court, the law applicable to succession appears as another issue, especially with regards to the right of inheritance of the surviving spouse in same-sex marriages. Further, the recognition of a foreign Certificate of Succession involves debates and presents obstacles relating to the preconditions and the requirements for recognition. This paper examines the following issues: the doctrinal debates and the problems in practice, with particular attention given to the competent authority to issue a Certificate of Succession in a case with a foreign element, the applicable law in succession cases, and the recognition of foreign Certificates of Succession in Turkey. © 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG.Publication Metadata only Towards a common institutional trajectory? Individual complaints before UN treaty bodies during their 'Booming' years(Routledge Journals, Taylor & Francis Ltd, 2020) Galand, Alexandre Skander; Çalı, Başak; Faculty Member; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); Law School; N/AThe expanding number of UN treaty bodies with competence to rule on individual complaints as well as the increasing amount of complaints lodged before these bodies trigger the question whether they are capable of acting as a unified institution when dealing with individual complaints or whether they remain as a fragmented institutional site. In this article, we comparatively analyse the case law of all treaty bodies between 2013 and 2016 with the aim of assessing whether UN treaty bodies are moving towards a common institutional trajectory. We find that despite textual differences, the treaty bodies' case law displays both early signs of a common institutional trajectory and risks of institutional fragmentation. The most significant common institutional trends are access friendliness; self-referential citations, a preference for implicit harmonisation; and case by case activism with respect to individual remedies. Yet, we also identify lack of systematic and explicit cross treaty-fertilization and diverging approaches to specifying general remedies as risks that may undermine the formation of a common institutional trajectory. We argue that the early signs of informal collective institutionalisation may be capable of fostering a common institutional identity in the years to come, if risks of fragmentation are acknowledge and mitigated.Publication Metadata only Approaches to foreign direct investment in legal research(Edward Elgar Publishing Ltd, 2019) Schill, Stephan; Gülay, Kerem; Teaching Faculty; Law School; 294024N/APublication Metadata only Explaining variation in the intrusiveness of regional human rights remedies in domestic orders(Oxford Univ Press, 2018) N/A; Çalı, Başak; Faculty Member; Koç University Center for Global Public Law (CGPL) / Koç Üniversitesi Küresel Kamu Hukuku Araştırmaları (KÜREMER); Law School; N/ARegional human rights systems vary with respect to the intrusiveness of human rights remedies into the domestic orders of states from a spectrum of more intrusive remedies in the Americas to less intrusive remedies in Europe. This article identifies three potential explanations as to why the intrusiveness of human rights remedies varies across the three regional systems: (i) the legal design explanation, (ii) the case-history explanation, and (iii) the legal culture explanation. The article argues that of these competing explanations, the legal culture explanation fares better than the other contenders in accounting for variation in the intrusiveness of remedies over time. The other two explanations, however, are also of use. The legal design explanation accounts for why the courts in the Americas and Africa are more amenable to intrusive remedies. The case-history explanation is able to explain sudden bursts of intrusive remedies in all three regions.Publication Metadata only Comparing the support of the EU and the US for international human rights law qua international human rights law: worlds too far apart?(Oxford University Press (OUP), 2015) N/A; Çalı, Başak; Faculty Member; Law School; N/ASupport for international human rights law (IHRL) is one area where most international lawyers would have a hunch that the European Union fares better than the United States overall. in this article I focus on Pollack's dependent variable, "support" for international law, and its four dimensions: leadership, commitment, compliance, and internalization and investigate this hunch. I find that the conventional contrast between the US and the EU with regard to their support for IHRL is valid, with respect to political support for IHRL, but less so for judicial support. I argue that the marked differences between the EU and the US in the field of political support for IHRL are best explained by the thickness of the institutional human rights regime with respect to EU member states in the case of judicial support, the CJEU shares with the US Supreme Court the reflex of protecting its own constitutional autonomy, despite the comparatively better legal resources at its disposal to support IHRL.