Legal Hukuk Dergisi, Year 2025 Issue 270 (Haziran)

A BRIEF OVERVIEW OF THE STEPS TAKEN TO ADMİNİSTER JUVENİLE İN TRNC

Hüseyin KORALP — 2025-06-25

A great number of legislation has been introduced in order to create a juvenile justice system, and to protect children’s rights in the turkish Republic Of Northern Cyprus(TRNC). That being the case, this study mainly deals with the confusion in the legislation on juvenile law, and the failures and the problems in its implementation.

Children’s rights are a body of rights which must be equally enforced for all children in all around the world. It would be possible to state that rule of law is aplied in a country to the extent that state that the state abides by the fundamental principles of children’s rights which are present in the global literatüre on children’s rights. However, it is not only sufficiend to grant the said rights, it is also essential to ensure those rights are enforced.

Considering this matter in terms of the law in TRNC, it is clear that the problem arises from failures in its implementation. Therefore, this study evaluates and offers criticism about the legislation in the TRNC primarily within the context of the United Nations Convention on the Rights of the Children which is incorporated into domistic law in TRNC.

The Role of the Proportionality Principle in Determining the Concept of Investment in International Investment Arbitration

MEHMET TUĞBERK DEKAK — 2025-06-25

Recently, the role of the proportionality principle in determining the concept of investment in international investment arbitration has increased. The question of what constitutes an investment is of great importance as it directly affects the applicability of the protections provided under international investment treaties. In international investment treaties, investments are broadly defined, and investment treaties have adopted an asset-based approach. However, in recent arbitration cases, it has been observed that the principle of proportionality has been used to assess whether investments are in compliance with the relevant treaties and host state law.

By analyzing important arbitration cases such as Kim v. Uzbekistan and Cortec v. Kenya, our study examines how arbitral tribunals assess the legality of investments and the measures taken by states against investors within the framework of the proportionality principle. In this context, the legal basis of the principle of proportionality in international law is analyzed and references are made to the Vienna Convention on the Law of Treaties and the general legal principles of the International Court of Justice.

In conclusion, it should not be overlooked that the principle of proportionality allows arbitral tribunals to fairly balance the actions of states and the rights of investors, thereby contributing to the development of investment protection standards in international law.

ANALYSIS OF THE EUROPEAN UNION ARTIFICIAL INTELLIGENCE ACT WITH ARTIFICIAL INTELLIGENCE METHODS

Muhammed Burak Görentaş — 2025-06-25

The European Union (EU) Artificial Intelligence Act was published in the EU Official Journal on July 12, 2024 and entered into force in all 27 EU member states as of August 1, 2024. This act, which will be implemented in a phased manner, introduces a series of regulations that will affect both actors in the EU market and organizations operating outside the EU. In this study, artificial intelligence methods are used to analYapay Zekâe the tone of the language of the EU Artificial Intelligence Act and the emotional analysis of the regulations it contains in order to obtain clues about the legislators' intentions. Thus, it will be attempted to provide a prediction on what other countries outside the EU, such as Türkiye, should pay attention to in the legal regulations to be made on artificial intelligence. As a result of the analysis, it is seen that the language of the act is mostly neutral, i.e. neutral and informative, but when the frequently used words are analYapay Zekâed, it is seen that the text of the act attaches importance to technical details and aims to create a binding effect on practitioners, and that this act has a conservative structure rather than a dynamic structure.

From Ottoman Empire to United Kingdom: A Study on the Legal Dynamics of Cyprus

ECEM KOCAOGLANEcem Kocaoglan ,Erdem Ertürk — 2025-06-25

This article aims to examine the legal dimensions of the periods of Ottoman Empire and British rule in Cyprus. The transition of Cyprus from Ottoman to British administration will be discussed along with its effects on the Island’s social and legal structures. The impact of both Ottoman and British rule on the formation of identities in Cyprus, legal regulations, and international treaties is at the core of this study. By focusing on these two periods, the article will assess the present-day effects of the legal legacy on Cyprus. In this context, the development of local and international legal dynamics in Cyprus and their influence on the shaping of conflicts on the Island will be addressed.

JUDGEMENT AND CONSEQUENCES OF AN IN-COURT SETTLEMENT

Müslüm KARABULUT — 2025-06-25

In-court settlement, which is made by the parties in order to partially or completely eliminate the dispute or uncertainty between them, is a special outlook of the settlement agreement, which is essentially an anonymous contract, in the judicial law. For this reason, it has the characteristics of a contract with a double character, which has effects and consequences both in terms of substantive law and procedural law. The fulfilment of the validity condition in terms of procedural law eliminates the requirement as to form regarding the substantive law. It ends the case to the extent it resolves the dispute between the parties. Whether the parties request a decision to be rendered in accordance with the in-court settlement, or do not request it and a decision is rendered that there is no need for a decision, both decisions have the characteristics of a definite judgment. Despite the in-court settlement is a party procedural procedure, such as waiver and acceptance of the lawsuit, it is a bilateral procedural procedure and may be conditional. Although it may be conditional, a judgement cannot be rendered in a manner that may create doubt regarding the rights and obligations of the parties. Therefore, in such a case, the parties will not be able to request a judgement in accordance with the in-court settlement. However, it can be decided that there is not a requirement to decide.