Gülsüm Demirel - Academia.edu (original) (raw)
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With the increasingly widespread use of investment agreements, the need to protect the rights of ... more With the increasingly widespread use of investment agreements, the need to protect the rights of investors in the foreign country they invest in has increased even more. In this regard, host states should make the necessary regulations to protect investors. However, as the domestic legal regulations of the foreign country are not sufficient, some principles have been adopted in order to provide international protection and assurance to investors. The principle of fair and equal treatment(FET) is also one of the most important principles in international investment law. This principle appeared for the first time in the Havana Charter1 as a bilateral investment agreement. Despite the increasingly importance of the principle of FET and its frequent use in bilateral investment agreements(BITs), its scope, elements, and legal nature are not fully determined. In this article, the scope of the principle of FET will be tried to be determined.
Discussion of the legality and legitimacy which is summary but attractive has been left f... more Discussion of the legality and legitimacy which is summary but attractive has been left from by Max Weber. Although, it is one of the most debated issues on the concepts of legality and legitimacy, there is no general agreement about its contents, its element and its effects. These concepts might be mistake to each other. In fact, these two concepts are interrelated, but differ because of important distinctions. Legitimacy is a related to social values but legality is related to material law. The relationship established between two concepts leads to formation of different states of law and different state understandings.
The concept of investment, which emerged as a result of the developments in commercial and econom... more The concept of investment, which emerged as a result of the developments in commercial and economic relations, is very valuable for developing and developed countries. The presence of foreign investments, besides contributing to the country's economy, is also an indicator for countries. Because investments are a criterion that shows the reliability of that country's markets and has an attractive effect on other investors. For all these reasons, it is necessary to determine the definition and content of the concept of investment. In this article, the concept of investment in terms of international investment law discussed in terms of BITs and the ISCID Convention.
Living historical, political, and economic events as well as the structure of society has changed... more Living historical, political, and economic events as well as the structure of society has changed significantly. The labor shortage that has arisen in factories after industrialization has led to the work of more women workers. Today, the number of female workers is increasing. Many legal arrangements have been made in order to protect women in working life, to avoid discrimination, and to work in fair conditions. The increasing problems of women in working life are also an important reason for this. Women should not be excluded from working life. In this study, firstly concepts related to women workers are briefly mentioned and then the working conditions of women workers are examined in detail.
With the increasingly widespread use of investment agreements, the need to protect the rights of ... more With the increasingly widespread use of investment agreements, the need to protect the rights of investors in the foreign country they invest in has increased even more. In this regard, host states should make the necessary regulations to protect investors. However, as the domestic legal regulations of the foreign country are not sufficient, some principles have been adopted in order to provide international protection and assurance to investors. The principle of fair and equal treatment(FET) is also one of the most important principles in international investment law. This principle appeared for the first time in the Havana Charter1 as a bilateral investment agreement. Despite the increasingly importance of the principle of FET and its frequent use in bilateral investment agreements(BITs), its scope, elements, and legal nature are not fully determined. In this article, the scope of the principle of FET will be tried to be determined.
Discussion of the legality and legitimacy which is summary but attractive has been left f... more Discussion of the legality and legitimacy which is summary but attractive has been left from by Max Weber. Although, it is one of the most debated issues on the concepts of legality and legitimacy, there is no general agreement about its contents, its element and its effects. These concepts might be mistake to each other. In fact, these two concepts are interrelated, but differ because of important distinctions. Legitimacy is a related to social values but legality is related to material law. The relationship established between two concepts leads to formation of different states of law and different state understandings.
The concept of investment, which emerged as a result of the developments in commercial and econom... more The concept of investment, which emerged as a result of the developments in commercial and economic relations, is very valuable for developing and developed countries. The presence of foreign investments, besides contributing to the country's economy, is also an indicator for countries. Because investments are a criterion that shows the reliability of that country's markets and has an attractive effect on other investors. For all these reasons, it is necessary to determine the definition and content of the concept of investment. In this article, the concept of investment in terms of international investment law discussed in terms of BITs and the ISCID Convention.
Living historical, political, and economic events as well as the structure of society has changed... more Living historical, political, and economic events as well as the structure of society has changed significantly. The labor shortage that has arisen in factories after industrialization has led to the work of more women workers. Today, the number of female workers is increasing. Many legal arrangements have been made in order to protect women in working life, to avoid discrimination, and to work in fair conditions. The increasing problems of women in working life are also an important reason for this. Women should not be excluded from working life. In this study, firstly concepts related to women workers are briefly mentioned and then the working conditions of women workers are examined in detail.