Technology has developed significantly in the past few decades; obligations on belligerent parties, however, have not
changed. One of these obligations is to respect the principle of proportionality while conducting attacks against lawful
targets. For this reason, whilst military advantage can be gained through drone attacks, those attacks must not result in
excessive harm inflicted upon civilian lives and properties. Also, belligerent parties should take all feasible precautions in
order to minimize collateral damage and always take Human Rights Law into consideration even if the particular drone
attack is lawful according to the Law of Armed Conflict.
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Short-termism is known as sacrificing long-term sustainable earnings for short-term returns. The pressure on management
to obtain short-term results usually generates negative medium and long-term outcomes. This is because investors are
inclined to sell their stocks when they hear about a shadow of bad news. In this context, business executives can decide
to meet short-term shareholders expectations or prioritise the growth of their company. In other words, on the one
hand, the company management should consider all possible economic variables within the scope of the necessity of
protecting the company’s capital, on the other hand, it should also ensure the participation to the capital that will benefit
the financial structure of the company, especially from the cash flow point of view. Short-termism hinders effective
company management, particularly for publicly listed companies, due to the convenience of trading stock transactions
and more transparent management decisions. Considering abovementioned facts, this study examines the increasing
trend in short-termism as an intertemporal choice and discusses solutions that can be offered through corporate
governance principles.
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Concordat is a restructuring law which enables the debtor whose business does not go well and economic situation has
deteriorated due to reasons beyond his control to pay their offer under proper conditions after the offer is accepted
by the number of creditors provided in the law and ratified by the authorities. The legislator has opened the way for
the debtors to terminate their debts by paying only a certain amount of them or at certain maturities by an agreement
between the debtor and the creditor under the court supervision with the arrangement of bankruptcy. The significant legal
amendments to the Law no. 7101 add another dimension to the concordat which is regulated by the provisions 285 and
309/I in Enforcement and Bankruptcy Law. The amendments in the Law no. 7101 regarding the provisions of concordat
was affected by Swiss Enforcement and Bankruptcy Law. In these amendments, many provisions which prevented the
concordat in the previous term were revised or revoked. The provisions on the postponement of bankruptcy that are in
the favor of debtor were included into the concordat and temporary respite decision was accepted. Therefore, the followups
that the creditors commenced will stop and new follow-ups will not start during the respite thanks to the opportunity
to decide on temporary respite within the provisions on the concordat. Our study aims to make explanations and
evaluations regarding the temporary respite decision which had not been included in Enforcement and Bankruptcy Law
with the concordat procedure in Turkish Law until the significant amendments in the Law no. 7101. In this regard, general
information will be provided about the concordat in Turkish Law, the concordat procedure will be explained and we will
continue with the temporary respite following the request to arrange bankruptcy. Lastly, our study will be concluded
with the evaluation of the concordat experience in Turkey within the current developments and implementation on the
arrangement of bankruptcy.
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There are various determinants that induce London to be the favourable seat. In this regard, the grounds for challenging
an award have some severe implications on determining London as the arbitral seat.1
Arbitrations with a London seat are exercised under the ‘supervisory jurisdiction’2 of the English courts and the Arbitration
Act 1996 (AA 1996).3 That is to say, any challenge to an interim or final award made by the arbitrators may be fulfilled in
the courts of the location chosen as the arbitral seat.
The consensual nature of international arbitration depends on certain core principles such as party autonomy, judicial nonintervention
and finality of the arbitral awards. Nonetheless, the binding aspect of the arbitral award and its enforceability
akin to that of final judgements of national courts necessitate some “balanced” degree of judicial supervision.4
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Abstract
Mediation is based on voluntariness, having developed in due course to eventually become widespread. Mandatory
mediation has become an exception to voluntary mediation with the elimination of the principle of voluntariness.
Mandatory mediation has been applied in Turkish law in the field of labour law since its acceptance with Article 3 of Law
No. 7036 on Labour Courts. After the initial obtaining of successful results, it was accepted by the Turkish Commercial
Code as well. In this study, various comments and evaluations are made regarding the principles and applications of the
mandatory mediation model prescribed by the Turkish Commercial Code. Within the framework of these comments and
evaluations, some explanations of relevant opinions are provided. We also consider whether mandatory mediation is in
compliance with the general principles of commercial law.
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According to the provisions of property law, the usufruct grants the owner the power to possess, manage, use and
benefit from the subject of the usufruct. This study determines how these powers will spread to rights to participate in
management arising from the company’s share when the subject of the usufruct is a share of a joint stock company. The
issue is handled in the center of article 432 II of the Turkish Commercial Code. The Turkish Commercial Code differs from
the provisions of the Swiss Code of Obligation 690 II and the Turkish Commercial Code numbered 6762 in certain points
and regulates that the voting right arising from the share which has usufruct on it is used by the usufructuary, but the
usufructuary shall be liable for any loss incurred when he / she does not respect the interests of the shareholder.
When evaluated together with the rules of property law, this study concludes that the provision brings a regulation in
terms of voting rights; the usufructuary who has voting rights can also use other rights to participate in management,
thus taking over the management of the share. However, the shareholder is not completely ineffective in this case. Some
of the rights to participate in the management can also be used by the shareholder. Nevertheless, this does not include
the right to file an annulment action, which is at least as effective as the voting right.
This study also discusses whether the shareholder can maintain his or her authority over the share, despite there being a
usufruct on the share, by stipulating otherwise in the articles of association or an agreement between parties.
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This paper aims to argue that over approximately the last 70 years, both constitutional courts in Continental European
legal systems and the European Court of Human Rights have implemented an evolutive (dynamic) approach to human
rights by making broad interpretation of both constitutional or Convention rights. It also argues that the philosophical
grounds of this interpretive approach are consistent with Gadamer’s conception of “philosophical hermeneutics,” which
refers to interpretation as a cognitive dialogue on the text, between the author’s and the reader’s intent, which is not
strictly bound by an obligation on the reader to adhere to the author’s intent.
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Technology has penetrated every aspect of life and brought security and privacy issues to the forefront of the regulatory
landscape. In such a hyper-connected world, security breaches are inevitable. Hence, general legislation in the field of
protection of personal data is becoming ubiquitous. The rules are likewise being drafted to ensure the highest degree of
privacy and security.
The violation of security requirements can have an unprecedented and catastrophic consequence on data controllers.
A security incident can compel the data controller to notify a competent data protection authority of a breach and
communicate all facts to affected data subjects. Data breach notification is self-disclosure of the data controller about a
personal data-related incident regardless of the intentional or negligent character of the event. The underlying aim of this
obligation is to prevent or mitigate all adverse effects or damage deriving from a data breach incident.
This article maps out the legal framework governing data breach notification under the European Union’s law, in
particular General Data Protection Regulation and the Turkish Data Protection Law. This article maintains that strict and
burdensome data breach notification rules do not serve the interest of data protection of individuals as data controllers
could refrain from notification and bury the pieces of evidence. Such a notification-phobia is a major threat to the overall
cybersecurity realm. The article emphasizes that there is a need for balanced rules and adequate accountability tools
which would encourage data controllers to report any data breach incidents without hesitation.
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The interpretation of treaties is a complicated and problematic question at times. It is vital to interpret the law accurately
in order to ascertain the correct meaning of treaty provisions and terms to provide a precise application. Consequently,
rules of treaty interpretation play a significant role in purpose of finding distinct meaning of treaty provisions which is
critical for both in the implementation stage and in mending any disputes afterwards. The aim of the treaty interpretation
rules included in the 1969 Vienna Convention on the Law of Treaties (VCLT) is to bring precision and transparency to
the agreements between member states. Therefore, in this paper the significance and the utility of the rules of treaty
interpretation set in the 1969 Vienna Convention will be considered. This will be done by briefly considering the background
of the convention. Then the rules of interpretation laid in article 31-33 such as ordinary meaning, context, purpose and
object will be analysed. Additionally, the usefulness of these articles will be critically analysed with adequately supported
legal opinions and a broad use of case law. This paper will claim that the rules of treaty interpretation of the VCLT is an
extremely important tool in the interpretation of treaties.
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