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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 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 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 Litigation and settlement under judicial agency(Elsevier Science Inc, 2012) N/A; Department of Economics; Department of Economics; Koçkesen, Levent; Usman, Ali Murat; Faculty Member; Teaching Faculty; Department of Economics; College of Administrative Sciences and Economics; College of Administrative Sciences and Economics; 37861; 100999We model the settlement of a legal dispute when the trial outcome depends on the behavior of a strategically motivated judge. A defendant, who is uninformed about the level of harm that he has caused, makes a take-it-or-leave-it offer to an informed plaintiff. If the parties cannot agree on a settlement and the case goes to trial, the judge decides how much effort to exert in discovering the actual damages. We show that, under very general assumptions, this model exhibits multiple equilibria. In some equilibria, the judge exerts less effort and more cases settle out of court, whereas in others the opposite occurs. We also show that the judge prefers the low effort equilibria with high settlement rate and argue that a "managerial judge" could easily steer the parties towards low effort equilibria. This may be deemed undesirable, since in low-effort equilibria, the terms of the settlement heavily favor the informed plaintiff, and this in turn induces over-investment in ex ante preventive care by the defendant.Publication Metadata only Old abuses in new markets? Dealing with excessive pricing by a two-sided platform(Oxford Univ Press, 2021) N/A; Ayata, Zeynep; Faculty Member; Law School; 186694Exploitative abuses, especially excessive pricing, have been one of the most debated forms of abuse of dominant position. Unlike exclusionary abuses, they have been prohibited only under certain jurisdictions and on rather rare occasions. In Europe there have been few recent decisions and investigations that have reiterated existing approaches and tests for establishing excessive pricing. The Turkish Competition Authority's Sahibinden.com decision has come at such a time where the discussion on excessive pricing has been somewhat revived. However, this decision stands out as it is the first one where a competition authority has found prices to be excessive and therefore abusive in the context of a two-sided platform. Competition in platform markets display unique dynamics that may be very different from what may be observed in traditional markets especially in terms of pricing strategies. This article aims to demonstrate, through the Turkish Competition Authority's recent decision, the difficulties in applying existing tests and criteria on excessive pricing to a two-sided platform. A thorough analysis of this decision demonstrates that competition enforcement in what may be called 'new' platform markets necessitates new approaches or adjustments of existing ones.Publication Metadata only Parental equality in Turkey: understanding gender roles through the legal treatment of working and divorced mothers(Oxford Univ Press, 2021) Çelebi, Özgün; Faculty Member; Law School; 261801This article addresses the position of Turkish law regarding parental equality, with a focus on day-to-day childcare responsibility. It discusses whether the current legal landscape is consistent with the aim of relieving mothers from a disproportionate share of childcare. The article first explains the general legal framework of gender equality in Turkey before offering closer insight into two fields that help understand whether parental equality is embraced or rejected: measures regarding work-life balance and the organisation of child-parent relationships after divorce. The article analyses specific legal measures impacting the delegation of childcare duties by mothers, including leave and flexible work policies and childcare services. It argues that the legal framework concerning working mothers conveys contradictory messages that reinforce the gendered character of childcare duties. Based on recent case law concerning divorced mothers, the article underlines the potential for the evolution towards parental equality but acknowledges the limited impact of such developments due to the attachment to the maternal preference rule. The article concludes that, despite good intentions and legal reforms favouring gender equality, Turkish law is still devoid of a comprehensive policy regarding parental equality and does not offer incentives for fathers to participate in daily childcare.Publication Open Access Perceived economic self-sufficiency: a country- and generation-comparative approach(Palgrave Macmillan, 2019) Tosun, Jale; Arco-Tirado, Jose L.; Caserta, Maurizio; Freitag, Markus; Hoerisch, Felix; Jensen, Carsten; Kittel, Bernhard; Littvay, Levente; Lukes, Martin; Maloney, William A.; Muehlboeck, Monika; Rainsford, Emily; Rapp, Carolin; Schuck, Bettina; Shorel, Jennifer; Steiber, Nadia; Sumer, Nebi; Tsakloglou, Panos; Vancea, Mihaela; Vegetti, Federico; Department of Psychology; Cemalcılar, Zeynep; Faculty Member; Department of Psychology; College of Social Sciences and Humanities; 40374Existing datasets provided by statistical agencies (e.g. Eurostat) show that the economic and financial crisis that unfolded in 2008 significantly impacted the lives and livelihoods of young people across Europe. Taking these official statistics as a starting point, the collaborative research project "Cultural Pathways to Economic Self-Sufficiency and Entrepreneurship in Europe" (CUPESSE) generated new survey data on the economic and social situation of young Europeans (18-35 years). The CUPESSE dataset allows for country-comparative assessments of young people's perceptions about their socio-economic situation. Furthermore, the dataset includes a variety of indicators examining the socio-economic situation of both young adults and their parents. In this data Journal article, we introduce the CUPESSE dataset to political and social scientists in an attempt to spark a debate on the measurements, patterns and mechanisms of intergenerational transmission of economic self-sufficiency as well as its political implications.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 Two-to-tango in migration diplomacy: negotiating readmission agreement between the EU and Turkey(Brill Academic Publishers, 2014) N/A; Department of International Relations; N/A; İçduygu, Ahmet; Aksel, Damla Bayraktar; Faculty Member; PhD Student; Department of International Relations; College of Administrative Sciences and Economics; Graduate School of Social Sciences and Humanities; 207882; 315549Identified as effective and rapid mechanisms against irregular migration by the European Union, Readmission Agreements (RAs) have become one of the major topics in current migration literature. Despite the extensity of the current literature on requesting states, the literature focusing on the requested states remains sparse. Considering that 'it takes two to tango' to agree on, to sign, and to implement the RAs, it is very crucial to frame the positions of the requested states in the negotiation process of RAs. This paper examines the tortuous negotiation process of the RA between the EU and Turkey over the last decade, by primarily focusing on the question of how Turkey, as a non-EU state, has viewed and experienced this process of negotiation.