ABSTRACT

The differences between English Legal System and Turkish Legal System is a natural consequence of sociological differences. Compared to the ancient history of English Legal System, Turkish Legal System’s foundation can be characterised as an early history. On the other hand European Convention on Human Rights has an unifying effect as a common ground of these two different systems. Ancient history of English Legal System has great importance about law accumulation. The law accumulation of English Legal System has an incontrovertibly contribution to the development of rights and freedoms by its positive effects in legislation, judiciary and organic formation dimensions. The healthy functioning of the English system grounds from the harmony between legislative power and judicial power.

ABSTRACT

The development of technology has affected the form and size of construction. By this means, the humanity has been able to build constructions that they could not build in the days of old. Unfortunately, this alteration has changed the type of construction accidents and increased the prevalence. Besides, people suffering in an encountered construction accident may change. These people can be an employee working in a workplace, the owner of a property that is neighbor on another property on which construction has been made or a stranger that is not related to the construction. This situation cause to change the type of responsibility that can be referred to because of construction accidents. In this study, the legal actions that can be taken by people suffering due to a construction accident are tried to be examined. Among these types of responsibilities, discussions about the legal character of employers’ liability are also stated in this article. After the conditions of liability are explained, how the content of damage is determined and legal actions may be taken to claim rights are tried to be clarified. On the other hand, different opinions brought forward in legal doctrine about the importance of completion of construction so as to be called as “building production” are given a place in this study.

ABSTRACT

Environmental rights have not been specified in the European Convention on Human Rights (ECHR). The ECHR therefore cannot be directly invoked when environmental problems are in question. The question of recognising environmental rights has been frequently raised under the ECHR. However, the concept of environmental justice (EJ) which arose in the US in the late 1970s and which focuses on the fair distribution of environmental burdens and benefits has not been studied in the ECHR or in the case law of the European Court of Human Rights (ECtHR). This paper argues that ECtHR has not followed a steady flow in favour of EJ when hearing the cases. In this context, It will be considered whether the existing provisions of the ECHR guarantee EJ. Besides, the question will be asked whether the ECtHR has ever determined environmental injustices or environmental discrimination, which was encountered in the US, based on racial and economic factors when deciding environmental cases in its history.

ABSTRACT

In today’s world internet has become a status that shapes people’s life and their lifestyles. Internet has become a necessity for states as much as people have. Along with the uncontrolled development of internet, the protection of human rights and personal rights has become an issue. In this study, first of all the concepts of State and State of Law are examined. After then the information about Human rights and Human Rights in the Environment of Internet is given. In addition, Personal Rights, The Protection of Personal Rights, The Problem of Attack on Personal Rights over the Internet, which has, became an international issue in today’s world, and The Ways of Protection of Personal Rights violations are processed. One of the aims of this study is that at the least making contribution to the evaluation of problems and outcomes which internet creates in the field of law.

ABSTRACT

Cross-cutting issues in relation to the legal status of a fetus and the reproductive rights of woman are some of the most discussed issues. This paper legally analyzes the elements of the status of the fetus by focusing on the capacity of the personality of an unborn child, which depends on the complete and live birth of an infant, the time limit of the life that is vague within the European Convention on Human Rights, and the national laws of Azerbaijan, where medicine has just recently started progressing

ABSTRACT

Judicial fees paid in order to benefit from the judicial services is an important component of the litigation expenses. In principle, the judgment and writ fees paid in relation to the judgments issued by the first instance courts should be taken into consideration and offset against the fees calculated in the related first instance court judgments which are issued following the reversal decisions of the appeal courts as a result of the appelate reviews. However, in several judgments, it is observed that this rule is not applied and the judicial fees already paid for the quashed first instance judgments are not offset from the fees calculated in the new judgments. This study analyses the principle of offset regulated by the Article 8 of the Act of Fees under the light of judicial decisions and examines the unlawfulness of omitting to offset the judicial fees previously paid for the quashed judgment against the judicial fees calculated based on the judgment of the first instance court which is issued on the reversal of the judgment by the appeal court, including the legal consequences of such practice.

ABSTRACT

Despite the fact that it has already been a decade since the unanimous adoption of the “responsibility to protect” (R2P) by the state members of the United Nations (UN) –which was first introduced in 2001 by the International Commission on Intervention and State Sovereignty (ICISS)–, it can hardly be argued that the international community has consistently implemented the norm. In this vein, this article discusses the current status of the R2P norm within the realm of international law. Diverging from the existing works in the literature, it argues that an effective and consistent implementation of the norm in its next decade depends on a revised regulation of the norm under international law, and accordingly discusses what sorts of changes/reforms are required. To this end, firstly a brief background on the fundamental principles of R2P and its institutionalisation within the UN framework will be provided. Following this, a general evaluation of the UN Security Council’s implementation of R2P so far will be presented prior to explaining the current status of R2P in relation to international law. Finally, it will be argued that an effective and timely implementation of R2P requires a reconsideration of the norm as lex ferenda.

ABSTRACT

The subject of this study is in the center of information obligations in the context of consumer contracts and consumer protection. Information center has the indispensable quality for consumer contacts. Indeed, consumer will be able to obtain the goods or services that she/he has requested in an environment where there is no mutual balance and there are many product diversity against the provider having more knowledge than himself. Therefore, in such an environment, position which is disadvantageous of the consumer can be corrected by the information obligation. In this context, our study includes the definition, nature, scope, method and type of information obligation by comparison of TKHK No 4077 and TKHK No 6502, in order to examine the consumer’s current situation, non-transparent structures in the market and his inexperience in the face of the numerous products and position to be provided with accurate and adequate information. On the other hand, a series of regulations directed to arrange EU Directives which has an important place in terms of law, and TKHK No 6502 application procedures and principles have the nature of guidance

ABSTRACT

Nowadays, one of the most recent topics under critical legal studies in the area of international law is the ontological problem. In other words, paradigm of international law, which is unlikely to national law paradigms, should be analysed by principles. First, the brief history narration of international law should be observed while discussing the Kantian Cosmopolitan theory with Grotius and Schmitt’s ideas on secularisation of international law. Commentators of the global structural transformation such as Hardt and Negri, and followers of Marxian Critical School such as Carty and Chimney, Koskenniemi should be taken into account. Second, The European Union as part of Cosmopolitan Project, international human rights law, international law of economy gives prominent clues when attached to the mentality of living international law with law of agreements and intervention. Nevertheless, in terms of mentality, the preliminary is the self-defence of international law against attacks to its coerciveness and presence. The latter is prominent fort the understanding of the norms and subjects. In terms of methodology, as far as the law resides its own indeterminacy as an insider, it is a delusion to seek for exact and didactic knowledge in an area such as international law, which has idiosyncratic subjects and functionality within vague framework and coercion. Although the historical events are narrated more didactic and exact, legal issues have been more theoretical and controversial.