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Publication Metadata only A study of liabilities of multimodal transport operators in China(Elsevier, 2012) Zhu, Ling; Yan, Hong; N/A; Özbek, Meltem Deniz Güner; Faculty Member; Law School; N/AThis article studies the liabilities of a multimodal transport operator under Chinese law. The present legal framework governing the multimodal transport consists of a complex array of laws and regulations. As a consequence, the applicable liability rules, the degree and the extent of the liability of a multimodal transport operator may vary from case to case. In addition, the ratification of the Rotterdam Rules would only contribute to clarification of legal complexities in a multimodal transport case where a sea leg is included. We conclude that there is a need to have a Chinese multimodal transport law which is broad enough in scope to govern the rights and liabilities of all parties involved in multimodal carriage in China.Publication Metadata only All you need is time? Discrepancies between the European Court of Human Rights case law and liberal normative theory on long-term migrants(Cambridge University Press (CUP), 2017) Çalı, Başak; Faculty Member; Koç University Center for Global Public Law (CGPL) / Koç Üniversitesi Küresel Kamu Hukuku Araştırmaları (KÜREMER); Law School; 196519This article, departing from Gila Stopler's 'Rights in Immigration: The Veil as a Test Case', published in the Israeli Law Review in 2010, reviews how the time spent by a long-term migrant, irrespective of legal status, normatively figures in liberal theories of migration and in the case law of the European Court of Human Rights (ECtHR). The article detects that in contemporary liberal theories, assigning an independent normative value to time spent by the migrant in the receiving country is a key move in balancing the competing interests of migrants and of the migrant-receiving country, where the right of the country to regulate migration is taken as given: the longer a migrant is present in a country, the stronger her interests become in receiving citizenship status or treatment akin to citizens. The article then surveys the case law of the ECtHR relating to long-term migrants. It finds that time is often one of multiple normative considerations in the balancing exercise, in conjunction with whether a migrant has achieved social integration in the migrant-receiving country and whether the right of the receiving community to regulate migration for reasons of affording citizenship, national security or distributive justice is paramount. The article argues that the lack of an independent normative weight afforded to time in the case law of the ECtHR is not merely a tension between the translation of liberal normative theory to legal policy. It also shows a deeper tension in liberal theories of migration between national liberalism and cosmopolitan liberalism.Publication Metadata only An economic analysis of color-blind affirmative action(Oxford Univ Press Inc, 2008) Fryer, Roland G., Jr.; Loury, Glenn C.; Department of Economics; Yüret, Tolga; Teaching Faculty; Department of Economics; College of Administrative Sciences and Economics; N/AThis article offers an economic analysis of color-blind alternatives to conventional affirmative action policies in higher education, focusing on efficiency issues. When the distribution of applicants' traits is fixed (i.e., in the short-run) color blindness leads colleges to shift weight from academic traits that predict performance to social traits that proxy for race. Using data on matriculates at several selective colleges and universities, we estimate that the short-run efficiency cost of "blind" relative to "sighted" affirmative action is comparable to the cost colleges would incur were they to ignore standardized test scores when deciding on admissions. We then build a model of applicant competition with endogenous effort in order to study long-run incentive effects. We show that, compared to the sighted alternative, color-blind affirmative action is inefficient because it flattens the function mapping effort into a probability of admission in the model's equilibrium.Publication Metadata only An illegal territorial regime? On the occupation and annexation of Crimea as a matter of international law(T.M.C. Asser Press, 2018) N/A; Azarova, Valentina; Researcher; Center for Global Public Law (CGPL) / Küresel Kamu Hukuku Çalışmaları Uygulama ve Araştırma Merkezi (KÜREMER); N/A; N/AWhat happens to the international law of occupation when the de facto administrator not only subjectively rejects its applicability, but maintains the occupation with the intention to acquire or transform territory?What effects does it have on the de facto administrator's status? And what implications on the welfare of the civilian population? Is it appropriate for international law to regulate such situations as belligerent occupations? Russia's occupation of Crimea exemplifies the regulatory challenges created by contemporary situations of occupation qua annexation, which this chapter argues are a form of illegal territorial regime. To address them, the chapter explores the place of occupation law and its mutually-reliant relationship between the international norms of conflict management (jus in bello), which includes occupation law, and those of conflict prevention and resolution (jus ad bellum). It argues that such illegal situations are incommensurable with the legal category of belligerent occupation in international law: they necessitate the diligent application of the jus ad bellum to appropriately regulate occupying states seeking territorial aggrandisement and foreign domination. The operation of the consequence of invalidity in such cases means that third party States and international organisations are made to undertake the enforcement and protection of the civilian population under the aegis of the foreign power.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 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 Approaching custom identification as a conflict avoidance technique: Tadic and Kupreskic revisited(Cambridge Univ Press, 2018) N/A; N/A; Galand, Alexandre Skander; Researcher; Law School; N/AInternational human rights law (IHRL), international humanitarian law (IHL) and international criminal law (ICL) have trouble staying faithful to the two pillars of customary international law - state practice and opinio juris. In ICL, the Tadic Interlocutory Appeal on Jurisdiction and the Kupreskic Trial Judgement have even gone as far as enunciating new models to identify customs. In this article, I show that the approaches to customs' identification postulated in these two cases were conflict-avoidance techniques used by the International Criminal Tribunal for the Former Yugoslavia (ICTY) to bring together IHRL and IHL. The crux of the matter in the Tadic and Kupreskic cases was that the human rights of the victims of war crimes committed in internal conflicts required that a new approach to customary international law be adopted. Thus, the criminal aspect of IHL (i.e., ICL) was updated, and conceptual conflicts between IHL and IHRL were avoided.Publication Open Access Arbitration of corporate law disputes in joint stock companies under Turkish law: a comparative analysis(De Gruyter, 2019) N/A; Veziroğlu, Cem; Faculty Member; Law School; 265198This study addresses the arbitrability of corporate law disputes and the validity of arbitration clauses stipulated in the articles of association (AoA) of joint stock companies, and compares Turkish law with German and Swiss jurisdictions in particular. While corporate law disputes are considered arbitrable, disputes concerning invalidity of corporate decisions and actions for dissolution are heavily debated. The paper argues that both types of disputes are arbitrable, albeit judicial dissolution requests accommodate practical hurdles. It is also argued that arbitral awards should be granted the erga omnes effect, as long as the interested third parties are provided with the necessary procedural protection. Furthermore, arbitration clauses can be validly stipulated in the AoA of privately held joint stock companies. However, the binding effect of the arbitration clause in question depends on its legal nature, namely, korporative or formell. Addressing this issue, the paper proposes to adopt a two-step test. Finally, it suggests practicable legislative recommendations and a model arbitration clause in order to enable and facilitate arbitration in corporate law disputes.Publication Metadata only Arbitration of corporate law disputes in joint stock companies under Turkish law: A2 comparative analysis(De Gruyter, 2019) Veziroğlu, Cem; Faculty Member; Law School; 265198This study addresses the arbitrability of corporate law disputes and the validity of arbitration clauses stipulated in the articles of association (AoA) of joint stock companies, and compares Turkish law with German and Swiss jurisdictions in particular. While corporate law disputes are considered arbitrable, disputes concerning invalidity of corporate decisions and actions for dissolution are heavily debated. The paper argues that both types of disputes are arbitrable, albeit judicial dissolution requests accommodate practical hurdles. It is also argued that arbitral awards should be granted the erga omnes effect, as long as the interested third parties are provided with the necessary procedural protection. Furthermore, arbitration clauses can be validly stipulated in the AoA of privately held joint stock companies. However, the binding effect of the arbitration clause in question depends on its legal nature, namely, korporative or formell. Addressing this issue, the paper proposes to adopt a two-step test. Finally, it suggests practicable legislative recommendations and a model arbitration clause in order to enable and facilitate arbitration in corporate law disputes.Publication Open Access Big promises, small gains: domestic effects of human rights treaty ratification in the member states of the Gulf Cooperation Council(Johns Hopkins University (JHU) Press, 2016) Ghanea, Nazila; Jones, Benjamin; N/A; Çalı, Başak; Faculty Member; Law SchoolIn recent years, the Gulf Cooperation Council (GCC) states have been increasingly willing to ratify United Nations human rights instruments. This article examines the underlying rationales for these ratifications and the limited range and drivers of subsequent domestic reforms post ratification. Drawing on both a quantitative analysis of engagement with the UN treaty bodies and Charter-based mechanisms in over 120 UN reports and qualitative interviews with over sixty-five government officials, members of civil society, National Human Rights Institutions, lawyers, and judges from all six states, this article argues that in the GCC states, UN human rights treaty ratification results from a desire to increase standing in the international community. Treaty ratification has limited effects driven by international socialization and cautious leadership preferences.