WoS İndeksli Yayınlar Koleksiyonu / WoS Indexed Publications Collection

Permanent URI for this collectionhttps://hdl.handle.net/20.500.14365/5

Browse

Now showing 1 - 18 of 18

Citation - WoS: 2
Citation - Scopus: 6
Child Brides or Child Labor in a Worst Form
(Brill Academic Publishers, 2019) Şişli, Zeynep; Limoncelli, S.A.
In this article, we argue that the early and/or forced marriage of girls under 18 should be understood, in part, as an exploitive form of child labor. We describe the types and conditions of labor that are commonly experienced by child brides and we examine the strengths and weaknesses of current international laws to adequately address the issue. We also argue that the problem of child brides should be addressed by the International Labour Organization (ILO) as one of the worst forms of child labor. Finally, we suggest the ILO Convention No. 182 (known as the Worst Forms of Child Labour Convention) as a legal mechanism. The convention offers one possible way to help to raise awareness in families and across societies about the harms of child marriage and provide for criminal and civil sanctions as tools to combat it. © 2019 Immanuel Ness and Wiley Periodicals, Inc.
Comparative Approach To the Crime of Providing Venues and Facilities for Gambling (TPC Art. 228)
(Istanbul Univ, Fac Law, 2025) Ozbek, Veli Ozer
Gambling is not only a legal issue but also has sociological, psychological, and economic dimensions. The legislator has regarded gambling as a matter of public morality and regulated the crime of providing a place and opportunity for gambling alongside offenses such as indecent acts, obscenity, prostitution, and begging under the category of "Crimes Against Public Morals." Considering the place where the offence is regulated, it should be said that the legal interest protected by this offence is 'public morality'. Under Turkish law, gambling itself is not considered a crime; however, providinga place for gambling is criminalized. In this framework, gambling will not make the society 'immoral' and that the protection of public order or society can only be ensured if these acts are allowed in a controlled manner. Additionally, recognizing the harm gambling causes to public order, the legislator has classified it as a misdemeanor under Article 34 ofthe Misdemeanor Law No 5326. Furthermore, it is importantto highlightthat Law No 7258 on the Organization of Betting and Games of Chance in Football and Other Sports Competitions, Law No 6132 on Horse Races, and Law No 1072 on Roulette, Pinball, Foosball, and Similar Gaming Devices and Machines are also in force. In relation to Article 228 of the Turkish Penal Code, these regulations present significant challenges, particularly regarding the aggregation of offenses.
A Debate on Human Dignity, Embryo and Embryonic Stem Cell Researches
(Univ Bophuthatswana, 2017) Sayar Kanyış, Tansu
The claim that human embryos have human dignity has been widely discussed, with reference to international regulations, which combine bioethics, human dignity, and practices on the human genome, embryo and fetus. It is claimed that the concept of human dignity, which is used for evaluating the compliance of actions and research with ethical norms, is used to protect the human dignity of human embryos. In this article, Kuquradi's understanding of human dignity, according to which human dignity is related to the actor, not related to the victim is applied to the debates on the human dignity of human embryos. According to this approach, it is not useful to discuss whether or not the human embryo possesses human dignity in the context of discussions on the ethics of the applications and researches on human embryos. Because human embryo would be the victim of any application or research done to it, and as human dignity is not related to the victim, it is meaningless to discuss whether human embryos have human dignity. Besides, the view that a human embryo does not possess an equal legal status to human beings is widely accepted by states in their domestic regulations on embryonic stem cell research. Moreover, international regulations do not recognize the existence of the human dignity of the human embryo and do not consider to protect it. Human dignity is related to the actor, not related to the victim. This infers that, although the human embryo does not possess human dignity, we - as human beings who have dignity-have the responsibility to behave towards the embryo in accordance with human dignity. So the restrictions that international regulations have put on for the applications and researches on human embryo remain necessary.
Citation - WoS: 2
Citation - Scopus: 2
East Nordic Model of Pre-Enactment Constitutional Review: Comparative Evidence From Finland and Sweden
(Kluwer Law Int, 2020) Yolcu, Serkan
For the last three decades, legal scholarship on the judicial review of legislation has dominated comparative constitutional studies. Moreover, one of the emerging interests in comparative constitutional law is pre-enactment (ex ante) control of constitutionality. Historically, legal thinking in the US has advanced judicial review, while British tradition has prioritized parliamentary sovereignty, in which parliament, not courts, is the ultimate decision maker related to constitutional disputes. The current scholarship, nevertheless, argues that a particular constitutional model has emerged in a number of Commonwealth countries in which courts and legislatures are not considered alternative to each other, contrary to the traditional paradigms that prioritize either courts or legislatures. One of the defining features of this model is the pre-enactment constitutional review of proposed legislation. In some of those countries, pre-enactment review of legislation is available only in the form of executive responsibility, while the legislature has a key role in the remaining countries, in addition to the commitment of the executive. This article investigates whether similar pre-enactment constitutional review mechanisms exist elsewhere. For this purpose, it will examine East Nordic constitutional practice and ask whether there is a particular type of pre-enactment constitutional review in Finland and Sweden. The function to review constitutionality of proposed legislation belongs to non-judicial mechanisms in both Finland and Sweden. However, pre-enactment constitutional review mechanisms in. these two polities are hardly considered in comparative constitutional law. This article aims to fill this gap by drawing comparative scholars' attention to the East Nordic constitutionalism.
Evaluation of Current Applications on Legal Education
(Elsevier Science Bv, 2015) Kubi̇lay, Huriye
The main purpose of this paper is to evaluate current applications of legal education in Turkey. Bologna Process has brought about a new approach; not only the students but also the professors are adapting themselves to this new situation. Besides, the integrated education provides law students with the opportunity to attend some postgraduate courses during their undergraduate education. On the other hand, the use of foreign language in legal practice therefore, education in foreign language has become increasingly important. In this paper, a harmonized legal education in foreign language will be analyzed for both its positive and negative aspects. (C) 2015 The Authors. Published by Elsevier Ltd.
Citation - WoS: 1
Citation - Scopus: 2
From an Illiberal Posture To an Anti-Liberal Other: the Changing Composition and Jurisprudence of the Turkish Constitutional Court
(Kluwer Law Int, 2022) Bahceci, Baris; Yolcu, Serkan
This article reveals the change in the Turkish Constitutional Court's (TCC/Court) jurispru-dence due to the transformation in its structure. We develop our arguments on the assumption that the Court's ideological attitude is determined according to interaction with political actors and argue that from 1980 onwards, two facts were determinant: (1) the role of the constitutional amendment in 2010 in relation to court-packing aim and (2) the role of President of Turkish Republic due to his appointment power. To this end, we examine the changing ideological line of the TCC by focusing on selected rulings delivered during Court's two eras divided by 2010 constitutional amendments. We argue that the TCC dramatically changed direction from liberal towards anti-liberal line in its decisions and structure. Before 2010, members who did not act in line with the president who appointed them and did not have a sharp ideological stance were encountered. This situation was reflected in the voting behaviour of the members and brought ambivalent attitudes. After 2010, this situation was reversed and especially as of 2017, some members became loyal to the president, and it was seen that the court acted with a sharper division in critical decisions and transform into an anti-liberal stance in its jurisprudence.
Citation - WoS: 3
Citation - Scopus: 3
How Realistic Are Coal Phase-Out Timeline Targets for Turkey?
(MDPI, 2024) Uyanık, Sırrı; Döğerlioğlu Işıksungur, Özlem
Coal phase-out is considered to be critical to the success of energy transition for all countries. Yet, recent assessments indicate that energy security aspects may affect phase-out plans and/or commitments and jeopardize energy transition ambitions. This study aims to question to what extent coal phase-out targets for Turkiye are realistic. Although previous research has mainly focused on direct emission reduction targets and just transition aspects, we include a down-to-earth discussion of the potential challenges before coal phase-out. The interaction between phasing-out coal power generation and energy security aspects is also analyzed. To understand the coal phase-out timeline targets, its limitations, and constraints within the framework of future power projections, a supply-demand model with different scenarios was developed. In addition, energy storage was also discussed as an option. Analysis revealed that energy storage, in the short- and medium-term, may not be the panacea, as it may not be deployed in the scale to substitute the energy security that coal provided. Moreover, our findings indicate that phasing-out is not as simple as assumed. A target timeline is certainly not realistic considering the energy security aspect and challenges. On the other hand, economically nonviable and technically nonavailable coal-fired power plants in the power system may retire gradually (as a natural phase-out process). This may occur even without waiting for the target timeline, if there would ever officially be one.
Citation - WoS: 2
Investigation of Footnote Disclosures Related To On-Going Court Processes: Cases From Istanbul Stock Exchange
(Academic Journals, 2011) Dalkilic, A. Fatih; Limoncuoglu, S. Alp
Turkish companies started to prepare their financial statements according to International Financial Reporting Standards (IFRS) since 2005. From law perspective, Turkey is a member of Continental Europe Law Family and also characterised as heavily tax-oriented and emerging market thus, switching to IFRS means more than a technical change. Footnote disclosures constitutes an important part of financial statements prepared according to IFRS. One of the common and important issue that must be disclosed via footnotes is the ongoing court processes that potentially affects the users decision making process. The type and content of the information that will be disclosed in footnotes is not determined and a room left for professional judgment. Current study captures some firms as an example and compare them to each other in terms of footnotes that are devoted to on-going court processes and concludes. Aim of the study is to portray the footnote disclosure policies of Istanbul Stock Exchange (ISE) companies and making policy recommedations for regulatory institutions.
Citation - Scopus: 1
Is There a Special Enforced Tax Collection Regime Under the Ecthr Case Law?
(Kluwer Law Int, 2021) Bahceci, Baris
This article examines the extent to which the European Court of Human Rights (ECtHR) takes into account the privileged nature of tax claims in enforced collection proceedings. Conducted within the framework of the right to property, the aim is to find a response to this question: Does the ECtHR case law allow for a special regime in enforced debt collection proceedings? A definitive answer to such a question requires a comparison between Court judgments on tax debts and non-tax debts. Under both the lawfulness and legitimate aims tests, no distinction appears between these two types of debt. On the other hand, under the proportionality test, the Court generally grants a wide margin of appreciation to States Parties. In this respect, two different dimensions are encountered, namely, the tax collector versus tax debtor and the tax collector versus other creditors. While the ECtHR does not allow differences between the collection regimes of non-tax debts in the former relationship, it appears that in the latter, the Court maintains the privileged status granted to the tax collector in domestic law. However, this privileged status is not unique to tax debts. Therefore, the article concludes that there is no special status for the tax debt enforcement regime under a comparison with non-tax debts.
Citation - WoS: 1
Judicial Dissent in European Constitutional Courts: a Comparative and Legal Perspective
(Brill, 2019) Yolcu, Serkan
[Abstract Not Available]
Citation - Scopus: 2
Protecting Older Workers' Health in Legal Terms Comparatively European Eacquis in the Light of Ilo R162
(Gunes Kitabevi Ltd Sti, 2020) Sisli, Zeynep
Introduction: This article discusses the specific laws, regulations, and recommendations aimed at protecting older workers against occupational accidents and illnesses and whether they are properly regulated by Turkish legislation compared with the European Union acquis, in order to protect older workers against discrimination, and to make their working conditions more appropriate for their ages, in the light of International Labour Organization Recommendation No. 162. Materials and methods: This conceptual article was prepared by evaluating the legal framework for protection of the occupational health and safety of older Turkish workers, through a comparison of Turkish law, International Labour Organization Recommendation No. 162, and the European Union acquis, and consideration of the facts reported in the relevant literature, using the document analysis method. Results and Conclusion: Neither Turkish labour law nor European Union acquis include sufficient regulation to protect the health and safety of older workers at work. Older workers' health should be protected specifically by social law, without driving them to poverty. Changes in the regulation of working conditions that would be supported by the social security system have been proposed to protect the health of older workers as a specially protected group.
The Question of Interaction Between Tax and Criminal Proceedings in Turkiye in Terms of Ecthr Jurisprudence
(Istanbul Univ, 2022) Bahceci, Baris
This study deals with the question of harmonization between tax and criminal proceedings in Turkish law resulting from the condition of sufficiently close in substance and in time as applied within the scope of Article 4 of Protocol No. 7 (P7-4) of the European Convention on Human Rights (ECHR). In this context, the study first examines the developmental line of jurisprudence regarding the European Court of Human Rights (ECtHR) and then examines how the elements of substance and time have been interpreted, starting with the Glantz and Nykanen judgments against Finland in 2014 and ending with the Kristjansson judgment against Iceland in 2021. Afterward, the study finds aspects of the case-law as created by the ECtHR to be incompatible with Turkish law. Because no legal regulation exists in Turkish law that provides a connection between substance and time, the final section proposes a solution to the identified problems. In this context, a systematic distinction has been made between crimes that do and do not require knowledge of tax techniques. The study recommends with regard to the first type of crime that an investigation into deliberateness be carried out by the tax court with its expert knowledge of tax techniques in order to avoid a repetitive evaluation, and then based on the result, the criminal court should determine the real person or entity who perpetrated the crime. With regard to the second type of crime, no knowledge of tax technique is required for the investigation into intent and thus in conclusion and unlike with the first case, the tax court is recommended to take the criminal court decision into account.
The Question of Interaction Between the Tax and Criminal Proceedings in the Ecthr Case-Law
(Kluwer Law Int, 2022) Bahceci, Baris; Celik, Demirhan Burak
This objective of this study is to analyse the definition and the application of the concept of sufficiently close in substance and in time by the European Court of Human Rights (ECtHR) in terms of tax penalties. The Court implements this concept in Article 4 of the Protocol Number 7 of the European Convention on Human Rights (ECHR) and intends to regulate the interaction between the two sets of (tax and criminal) procedures that deal with the penalization of the same matter. The progress of the case law is examined from the Glantz and Nykanen judgments in 2014 and the Kristjansson judgment in 2021. Two research questions are addressed: What is the connection in substance, and what is the connection in time? For the first question, the case law points out that the connection in substance requires the repetition in collection evidence. However, the boundaries of the relationship that should be established between the two sets of proceedings are uncertain and debatable. For the second question, the temporal connection has not yet been defined in case law, and its application overlaps with the scope of the right to a fair trial. Thus, it is seen that the boundaries in the both contexts need to be redrawn in order to eliminate the current ambivalence.
Questioning the Penal Character of Disciplinary Sanctions in the European Court of Human Rights' Case Law
(Univ Latvia Press, 2020) Bahceci, Baris
Since the European Court of Human Rights (Court) has autonomously redefined the concept of penalty, it has extended its jurisdiction. However, unless they deprive of liberty, disciplinary sanctions are excluded from this autonomous definition. In this respect, this case law study depicts the Court's approach to disciplinary sanctions and particularly focuses on problems arising from the implementation. From a descriptive point of view, exceptional status for disciplinary sanctions depends on two factors: The first factor is the criteria that was developed by the Court to assess whether autonomous penalties contain a structural incompatibility. In order to prove this argument, the practices indicating the discrepancy between the criteria of the nature of offence and the nature of sanction will be examined. A critical analysis of this situation shows that if these criteria are used in their current form, the problem will persist, and therefore a reinterpretation is needed. The second factor is the definition of disciplinary sanction undertaken by the Court. The phrase special in this definition creates uncertainty in terms of scope, and has controversial results. Therefore, these two factors need to be reviewed in order to ensure that the Court's case law on disciplinary sanctions yields more objective and consistent results.
Citation - WoS: 5
Citation - Scopus: 3
Redefining the Concept of Penalty in the Case-Law of the European Court of Human Rights
(Kluwer Law Int, 2020) Bahceci, Baris
Since the European Court of Human Rights (Court/ECtHR) began to define an autonomous concept of penalty, its case law has been developing on the basis of the Engel criteria. This study aims to reveal the implementation of these criteria by the ECtHR and its consequences under the case law. Although the definition of penalty depends on the application of these criteria, the existence of a problem of consistency among them draws attention. As a matter of fact, one of the criteria, the nature of the sanction has undertaken a function to expand the Court's ratione materiae through an objective assessment. However, the other Engel criteria, nature of the offence and degree of severity of the sanction are open to criticism in terms of objectivity, as well as narrowing the limits of the concept of penalty and consequently restricting the Court's ratione materiae.
The Reflections of the 1921 Constitution on Turkey's Fiscal Law Order
(Istanbul Univ, Fac Law, 2022) Bahceci, Baris
This study examines the identity of the fiscal law order shaped by constitutional rules during the period of the 1921 Constitution. The main source for the study is the minutes of the Turkish Grand National Assembly (TGNA), where financial rules are enacted and financial problems discussed. The time period that is the subject of the research is the period of the 1921 Constitution: between April 23, 1920, when the TGNA was convened, and April 24, 1924, when the 1924 Constitution and the first regular budget were enacted. Although the 1921 Constitution does not directly contain a regulation on the fiscal legal order, the change in this order was influenced by the rules of national sovereignty and the supremacy of the assembly. The study is divided into two chapters, one focusing on the issue of legality and the other on budgetary power, which are different reflections of these constitutional rules in financial law. In the first part, the application of legality is examined in terms of how its features differentiate it from the previous period, its functions in this period, and its legacy in the subsequent constitutional period. The second part analyzes how the TGNA reacted to the problem, and extraordinary role, of budget-making and control, which has been ongoing since the period of the Ottoman Parliament (Mebusan Meclisi). Thus, it was possible to reveal how the period of the 1921 Constitution differed from the previous and subsequent periods in terms of its effect on fiscal law. The outputs obtained from the study show the emergence of an identity of the Assembly that did not previously exist.
Citation - WoS: 2
Citation - Scopus: 3
The Role of Universities in the Promotion of Worker Protection: Ucla Labor Occupational Health and Safety Program as a Model for Countries With Developing Economies
(Routledge Journals, Taylor & Francis Ltd, 2019) Sisli, Zeynep
Protection of the workers' health in countries with developing economies is increasingly important because of the adverse effects of globalization, along with changing industrial relations, the rise of precarious work and outsourcing, and the decline in unionization. In this study, I examine whether the institutes created by universities might serve as an interface between workers, academia, and state agencies, and provide assistance for both improving workplace conditions and enforcing occupational health and safety rules. I describe the history of one such effort: The Labor Occupational Safety and Health Program (LOSH) at the University of California, Los Angeles (UCLA). Using a review of written sources along with participatory observation and interviews as methods, I found that the challenges faced by LOSH historically have important parallels in countries with developing economies today. Ultimately, university-based occupational health programs like LOSH need to be followed in other parts of the world and be supported by governments if the mission to reduce workplace injuries and diseases is going to be realized in the United States and in other countries.
Uluslararası Çocuk Kaçırmanın Hukuki Yönlerine Dair Lahey Sözleşmesi Uyarınca Koruma ve Ziyaret Hakkı
(2020) Akduman, Ebru
Türkiye 2000 yılından beri “Uluslararası Çocuk Kaçırmanın Hukuki Yönlerine Dair Lahey Sözleşmesi”’ne taraftır. LaheySözleşmesi’nin amacı, esas olarak velayet hakkını ihlal ederek kaçırılan veya alıkonulan çocuğun en kısa zamanda mutadmeskenine iadesinin sağlanmasıdır. Bunun için öncelikle Sözleşme’de yer alan “mutad mesken”, “mutad mesken hukuku”,“koruma hakkı” ve “ziyaret hakkı” kavramlarının kapsamının belirlenmesi gerekir. Sözleşme’nin uygulama alanı bulabilmesiiçin, çocuğun mutad meskeninin taraf devletlerden birinde bulunması gerekmekte olup bununla kastedilen, çocuğun yerdeğiştirme ey¬leminden hemen önceki fiili yaşam merkezidir. Sözleşme’de koruma hakkı ile ziyaret hakkı tanımlanmışancak mutad mesken kasıtlı olarak tanımlanmamıştır. Sözleşme’de velayet hakkı kavramı yerine koruma hakkı kavramıkullanılmış ve “çocuğun şahsının bakım hakkı ve özellikle ikamet yerinin tespiti hakkı” olarak tanımlanmıştır. Hukuk sistemlerikoruma hakkı bakımından velayet hakkı ve sair farklı bir termino¬lojiye sahip olabilir ama önemli olan bu hakkın hangiyetki ve görevleri kapsadığıdır. Sözleşme’de yer alan diğer bir önemli kavram olan ziyaret hakkı, şahsi ilişki hakkı olup“çocuğun, sınırlı bir süre için, mutad ikametgâhından başka bir yere götürülmesi hakkı” vermektedir. İlgili madde hükmündençocuğun başka bir yere götürülmesinden kastedilenin mutlak surette başka bir akit devlet olup olmadığı anlaşılamamaktadır.Sözleşme’de çocuğun mutad meskeninin bulunduğu devlet kanununa gönderme yapılmakla beraber bu devletin kanunlarihtilafı kurallarının dikkate alınıp alınmayacağı açık değildir. Prensip olarak, milletlerarası sözleşmelerin uygulanmasındaatıf genellikle dikkate alınmamaktadır. Bununla beraber, geçerli bir koruma hakkının bulunup bulunmadığının çocuğunmutad meskeni hukukunun kanunlar ihtilafı kurallarının gösterdiği maddi hukuka göre belirlenmesi Sözleşme’nin temelamacına daha uygun olacaktır.

Browse

Browsing WoS İndeksli Yayınlar Koleksiyonu / WoS Indexed Publications Collection by Department "İEÜ, Hukuk Fakültesi"