Comparative constitutional study of constitutional endurance, constitution-making, and constitutional designs and redesigns; constitutional identities; Turkey, continental law countries, European Union (EU), the United States, Latin American experiences and other global case-studies of adopting a comparative institutional analysis approach; rise of comparative constitutional review (abstract and concrete review as well as individual applications) and judicialization; constitutional interpretation with respect to transnational approaches; constitutional leadership, deparlamentarization and presidential power; major case-law and common standards as to institutional choices, judicial policies, equal protection and non-discrimination, gender and citizenship, constitutional rights and freedoms.
Overview of the protection of human rights and fundamental freedoms in Europe; the normative framework of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR); the case-law of the European Court of Human Rights (ECtHR); the supervisory mechanism of the ECHR; general concepts and doctrines like positive obligations and the margin of appreciation; execution of the ECtHR judgements.
Classical topics of international criminal law, such as international prosecutions and international criminal tribunals, substantive law of international crimes, principles and procedures of international prosecutions, alternatives and complements to criminal prosecution; the norms of European criminal law, including Eurocrimes, European criminal procedure, European co-operation and enforcement; the nature of transnational organized criminality and transnational crimes, such as drug trafficking, money laundering, trafficking in human beings, migrant smuggling, cybercrimes and terrorism, and the treaties that create obligations for States with respect to their suppression; matters of enforcement including jurisdiction and mechanisms of international co-operation with respect to fighting criminality, such as mutual legal assistance.
An introduction to international and European private law; similarities and discrepancies between civil law and common law traditions; contract law from an international and European perspective. UNIDROIT Principles; United Nations Convention on Contracts for the International Sale of Goods (CISG); Principles of European Contract Law (PECL); Draft Common Frame of Reference (DCFR). Comparison of different solutions for selected problems of contract law, envisaged by relevant international and European legal instruments and selected national legal systems.
International jurisdiction of the Turkish courts in private matters having cross-border implications. Any means of settling disputes outside the courtroom; most common methods of ADR: arbitration and mediation. Legal aspects of arbitration and mediation by a comparative approach; rules & regulations regarding ADR methods in EU and Turkey. The recent Turkish legislation on Mediation and its pecularities as well as the other ADR methods introduced with the recent amendments to the Turkish Lawyers Code, Turkish Code of Civil Procedure and Turkish Criminal Code. Systematic and comparative study on the prerequisites, effectiveness and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. Recognition and enforcement of foreign court decisions and foreign arbitral awards in Turkey.
selected legal regimes with a special focus on the competing interests among the creators/inventors, investors and the users/consumers in the global business environment. Fundamental concepts of IP law and the historical background; the Mode of implementation of several WIPO and WTO administered international conventions in different legal regimes such as EU, Turkey, US and BRICS countries. The legal conflicts and dilemmas arising with the widespread adoption of information technologies and the advances in genetics and other life sciences.
Competition Law and Competition Policy. International Dimension of Competition Law. Involvement of international organisations in the field of Competition. Differences between competition law regimes around the world. Competition Enforcement. EU Competition Law Regime. US Antitrust Law Regime. Competition Law: Concept, Framework, Goals, Characteristics and Nature. Market Definition and Analysis. Cartels, Agreements and Concerted Practices. Abuse of Dominant Position. Merger Regulation. Competition Enforcement in Particular Sectors.
Overview of the main principles of the legal agreements of the World Trade Organization (WTO); the structure of the WTO, agreements, and dispute settlement processes; the key economic and legal concepts underpinning the WTO, including comparative advantage, national treatment, and most favoured nation status; specific trade topics, including intellectual property, services, antidumping, safeguards, subsidies, sanitary and phytosanitary measures and free trade agreements.
The principles and procedures applied in any procurement held by public authorities and institutions governed by public law or under public control or using public funds under Turkish law; procurement process; Public Procurement Authority; review of complaints and settlement of disputes.
The history of telecommunications law (concept, legal framework, legal regime that it is subject to); main principles regarding telecommunication law (universality, free competition, transparency, equality, continuity and adaptation, service, etc); telecommunications services (telephone services, telegraph and postal services), value-added telecommunications services; the Independent National Regulatory Body- Information and Communication Technologies Authority (organization, structure, powers, obligations, and the importance of secondary regulations issued); telecommunications services; the different types of contracts; privatization and liberalization of the telecommunications sector.
Discussion of the core United Nations (UN) human rights standards and their universality; the structure of UN treaty bodies which monitor compliance with UN human rights treaties; the Human Rights Council as well as its mandate and the Council's subsidiary bodies; the obligations of states to uphold universal standards and the mechanisms in place to transform national injustices into international concerns giving rise to recommendations (but hardly sanctions) to governments; accountability tools to civil society.
Legal issues, institutions, and strategies pertaining to international development; the structure and the role of international financial institutions, primarily Bretton Woods institutions- World Bank and the IMF; substantive legal issues pertaining to such matters as human rights, the status of women, the environment, and economic reform.
Models of public-private partnership; relationship of public-private partnership with public service, concessions, monopolies and privatization; operation of public service through delegation; operation of administrative activities other than public services through private undertakings and differentiation as to operation of pure economic-commercial activities; promotion-enhancement in public-private partnership; know-how transfer; research and development and off-set participation; patterns of public-private partnership in Turkey; economic considerations in public-private partnership and their juridification; EU approach for public-private partnership.
Definition of privatization; differentiation of privatization from similar and related conceptualizations such as liberalization; application of private law in public services) relationship of privatization with public service, concessions and monopolies; differentiation of legal approach for privatization from economic approach; juridification of economic considerations; privatization of public service; legal priorities for privatization of pure economic-commercial activities; relationship of privatization with public-private partnership and differing privatization from public-private partnership; development of privatzation law in Turkey and interaction of legislation, executive and judiciary in development process of privatization; methods of privatization in Turkey; selected case studies of privatization experiences.
This course will cover problems arising from unfair competition, trademark and patent disputes, both from substantive and procedural law perspectives. Significant discussion topics include the concept of invention, inventions which are not patentable, validity of patents, absolute and relative grounds of refusal for trademarks, types of trademarks, claims for damages, calculation of damages, preliminary injunctions and major problems in unfair competition litigation. The analysis will be of a comparative nature and will cover unfair competition and trademark laws of EU member states, Turkish decree law no. 556, TRIPS (Trade-Related Aspects of Intellectual Property Rights), EPC (European Patent Convention) and patent laws of the U.S.A and EU member states in detail.
This course will focus on suspension of bankruptcy, composition of deed, composition of deed by transferring assets and reorganization of the corporations and cooperations by negotiation. Specifically insolvent indebtiness, financial distress, rehabilitation plan, liquidation and similar important concepts will be discussed in terms of reorganization of corporations, by means of comparative law. Additionally, procedures of corporate reorganization will be covered. In this context, the U.S. reorganization system(Chapter 11 Bankruptcy Code), the liquidation process of German and Swiss legal systems of Europe, and social perceptions in French law will be comparatively analyzed.
Analysis of the international labour conventions and recommendations; adoption of international labour standards; regular supervisory system; complaint procedure as to the infringement of freedom of association; impact of the supervisory system, and review of the ILO Constitution.
Concept of group of companies, control, control mechanisms, mutual participation, mis-use of control, squeeze-out, liability of confidence.
Main structure of joint stock companies, concept of management, classification and differentiation of board of directors and other management bodies, duties of the managers, transfer of management competences.
Topics will be announced when offered.
A series of presentations by faculty, outside speakers and students.