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PIL.OT / RESEARCH ARCHIVE

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Research private international law developments by year, topic, legal field and author.

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Page 7 of 14
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arbitration · investment
Academic publicationInternational arbitration lawGlobal / international investment arbitration

Recent Trends in Investment Arbitration on the Right to Regulate, Environment, Health and Corporate Social Responsibility: Too Much or Too Little?

The article examines developments in international investment agreements concerning States’ right to regulate in the public interest and provisions on environment, health and corporate social responsibility.

Crina Baltag · Riddhi Joshi · Kabir Duggal
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01 March 2023
English
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succession
Academic publicationInternational arbitration lawEgypt

The Distinctive Aspects of Institutional Arbitration Under Egyptian Law

Sherif Elatafy’s article in the Journal of International Arbitration states that the 1994 Egyptian Arbitration Law and relevant jurisprudence contain no rule regulating the incorporation and good standing of arbitral institutions.

Sherif Elatafy01 February 2023English
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citizenship · loss · statelessness
Academic publicationNationality lawTürkiye

Acquisition of Turkish Citizenship on the Basis of Place of Birth (Ius Soli)

Ecemiş, Sercan's academic work “Acquisition of Turkish Citizenship on the Basis of Place of Birth (Ius Soli)” was published in Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi, Vol. 25 No.

Sercan Ecemiş07 January 2023Turkish
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arbitration · procedure
Academic publicationInternational arbitration lawTürkiye

Arbitrator Integrity: Self-Interested Arbitrator in International Commercial Arbitration

Erman Eroglu authored the academic publication “Arbitrator Integrity: Self-Interested Arbitrator in International Commercial Arbitration” in Başkent Üniversitesi Hukuk Fakültesi Dergisi, published on 2022-12-30.

Erman Eroglu30 December 2022English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Some Considerations on the Turkish Football Federation Dispute Resolution Board

The article discusses four issues concerning the jurisdiction of the Turkish Football Federation Dispute Resolution Board within the framework of Law No. 5894, the Federation Statute and the Board Instructions.

Ersin Erdoğan · Selin Yeşildal14 December 2022Turkish
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migration · residence · family
Academic publicationMigration and foreign nationals lawEuropean Union

The Recast EU Blue Card Directive: Towards a Level Playing Field to Attract Highly Qualified Migrant Talent to Work in the EU?

The article examines the recast EU Blue Card Directive on admitting highly qualified non-EU workers. It states that Member States’ ability to retain national schemes and their broad discretion may limit harmonisation, while the new legislative approach may improve migrant workers’ rights.

Tesseltje de Lange* · Zvezda Vankova09 December 2022English
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succession
Academic publicationNationality lawTürkiye

Review of a Judgment of the Turkish Court of Cassation on the Application of Art. 41 of the PILA in Claims Relating to the Personal Status of Blue Card Holders

The article examines, in light of a Turkish Court of Cassation decision, whether Turkish courts have international jurisdiction under PILA Article 41 in cases concerning the personal status of blue card holders.

Nazli Albayrak Ceylan12 November 2022Turkish
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succession
Legal developmentConflict of lawsASEAN

Protocol to Implement the Twelfth Package of Commitments on Air Transport Services under the ASEAN Framework Agreement on Services

The ASEAN record identifies a Protocol implementing the twelfth package of commitments on air transport services under the ASEAN Framework Agreement on Services.

ASEAN17 October 2022English
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international · cooperation
Academic publicationInternational arbitration lawTürkiye

Ticen Özraşit’s study, published in Legal Hukuk Dergisi on 15 October 2022, compares the 2010, 2013 and 2021 revisions…

Ticen Özraşit’s study, published in Legal Hukuk Dergisi on 15 October 2022, compares the 2010, 2013 and 2021 revisions of the UNCITRAL Arbitration Rules with Turkish arbitration provisions. It addresses the relationship of Turkey’s International Arbitration Law No.

Ticen Özraşit15 October 2022English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye, Switzerland

The article states that arbitral awards in Turkish law are subject to a limited list of statutory grounds for…

The article states that arbitral awards in Turkish law are subject to a limited list of statutory grounds for annulment and that excessively high arbitrator fees are not expressly listed as an annulment ground in Turkish law.

Serpil Işık02 October 2022English
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contracts · commerce
Academic publicationMigration and foreign nationals lawTürkiye

Legal Representation of Unaccompanied Minors: An Assessment in Terms of Türkiye and Selected European Countries

The article focuses on the legal representation of unaccompanied minors in Türkiye and assesses the subject comparatively with selected European countries.

Hümeyra Zeynep Nalçacıoğlu Erden16 September 2022Turkish
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arbitration · agreement · seat
Academic publicationInternational arbitration lawTürkiye, United Kingdom

Londra Deniz Ticareti Hakemleri Birliği (Lmaa) Tahkimi Ilişkin Genel Bir Değerlendirme*

The article describes LMAA's ad hoc arbitration structure in maritime disputes, its arbitration rules updated in 2021 and the FALCA Rules.

Nevin Meral Ersin Erdoğan12 September 2022Turkish
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succession
Academic publicationInternational civil aviation lawUluslararasi

Uluslararasi Hukukta Devlet Egemenliğinin Hava Sahasina Uzanmasinin Meşruluğu

This article by Selman Özdan was published in Inönü Üniversitesi Hukuk Fakültesi Dergisi, volume 14 issue 1, and is dated 8 September 2022.

Selman Özdan08 September 2022Turkish
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contracts · commerce
Academic publicationConflict of lawsTürkiye

Determination of the Applicable Law in Private International Law on the Basis of Lex Fori

Özel, Sibel's academic work “Determination of the Applicable Law in Private International Law on the Basis of Lex Fori” was published in Marmara Üniversitesi Hukuk Fakültesi Hukuk Araştirmalari Dergisi, Vol. 28 No.

Sibel Özel01 September 2022Turkish
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contracts · commerce
Academic publicationConflict of lawsTürkiye

Leaving Human Remains for Scientific Research: Anatomy Contracts

Hakki Mert Doğu examines the anatomy contract, through which a person leaves their body after death to an institution for scientific examination and research.

Hakkı Mert Doğu08 August 2022Turkish
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property · cultural · assets
Academic publicationConflict of lawsTürkiye

Heirless Estates and Foreign State Succession in Turkish Private International Law

The article starts from PILA Article 20/1, under which succession is governed by the deceased’s national law, while Turkish law applies to immovable property in Turkey.

Hümeyra Zeynep Nalçacıoğlu Erden24 May 2022Turkish
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citizenship · acquisition
Academic publicationNationality lawTürkiye

The Discretionary Power of the Administration in Acquiring Turkish Citizenship Through Marriage

This article addresses the limits of administrative discretion in the acquisition of Turkish citizenship through marriage.

Acun Mekengeç07 April 2022Turkish
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international · cooperation
Legal developmentInternational civil procedureEl Salvador, Ecuador, United States

Cgap 2022: New Members, ratifications and signatures

On 2 March 2022, the Council on General Affairs and Policy (CGAP) of the HCCH welcomed El Salvador as the newest Member of the Organisation. It also witnessed Ecuador and the United States of America sign and/or ratify a number of HCCH Conventions and instruments.

HCCH02 March 2022English
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arbitration · agreement · seat
Academic publicationInternational arbitration lawTürkiye

Whether Mediation Is Mandatory Before Applying to the Insurance Arbitration Commission

Küçük, Alper Tunga authored the academic publication “Whether Mediation Is Mandatory Before Applying to the Insurance Arbitration Commission” in Selçuk Üniversitesi Hukuk Fakültesi Dergisi, Vol. 30 No.

Alper Tunga Küçük09 December 2021English
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aviation · passenger
Academic publicationInternational civil aviation lawEuropean Union

The Extraordinary Circumstances Defence in Regulation (EC) 261/2004

The article systematises CJEU case law on the extraordinary-circumstances defence under Regulation 261/2004. It examines the nature of the event, causation between the event and cancellation or delay, and the carrier’s obligation to take all reasonable measures.

Ricardo Pazos01 November 2021English
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arbitration · awards
Academic publicationInternational arbitration lawTürkiye

Issues Regarding Foreign Arbitral Awards with Respect to General Enforcement Proceedings and Provisional Attachment Judgments

Cemre Tüysüz authored the academic publication “Issues Regarding Foreign Arbitral Awards With Respect to General Enforcement Proceedings and Provisional Attachment Judgments” in Public and private international law bulletin, published on 2021-06-01.

Cemre Tüysüz01 June 2021Turkish
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procedure · judgments · enforcement
Academic publicationConflict of lawsTürkiye

Yargitay Kararlari Işiğinda Milletlerarasi Usul Hukukunda Yabancilik Teminatindan Kaynaklanan Problemler

This article by Döndü Kuşcu was published in issue 2 of volume 4 of Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi on 18 May 2021.

Döndü Kuşcu18 May 2021Turkish
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arbitration · awards
Academic publicationInternational arbitration lawPoland

Admissibility of Electronic Awards in the UNCITRAL Model Law Jurisdiction: Polish Law Example

The article addresses whether an arbitral award signed electronically can count as an award in writing under Article 31 of the UNCITRAL Model Law and the identical provision in Article 1197 of the Polish Civil Code.

Beata Gessel- Kalinowska Vel Kalisz01 April 2021English
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arbitration · agreement · seat
Academic publicationInternational arbitration lawFrance

Éric Loquin’s article addresses the extent to which international arbitration is subject to consumer-protection rules

Éric Loquin’s article addresses the extent to which international arbitration is subject to consumer-protection rules.

Éric Loquin25 March 2021French
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