A HARD CHOICE - C.I.F. - F.O.B.

Melih Osman BÜTÜNER
07.03.2018

Abstract:

The international sale of goods contracts has been concluded around the world for hundreds of years. The merchants developed their own contract types, and with time, these types embodied in the commercial life and state laws. The parties to a sale contract may actually determine its type in any aspect they want as a consequence of “freedom of contract”. They may negotiate new clauses whenever they enter a new contract. But, re-negotiating new clauses may be expensive and time-consuming in each s ...

C.I.S.G and WHY IT IS CREATED

Melih Osman BÜTÜNER
07.03.2018

Abstract:

After the Second World War, the commercial life started to become normal in the world. Despite the conflicts of laws in the international trade, the trade volume has increased year by year. It was not easy to find a suitable way to overcome the conflict of law; therefore it is aimed to make a convention which is applicable to a different system of laws. Many attempts have been made for a consensus for the international sales of goods contracts. In 1964, two conventions were established at Hague. ...

HOW TO ATTRACT INVESTORS TO NEW FINANCIAL CENTERS

Ahmet BÜTÜNER
07.03.2018

Abstract:

There may be several reasons why a place becomes a financial centre. If one searches, a historical, financial centre was where the ships dock, merchants met, and money was exchanged. Although the former financial centres still exist, places like London, New York remained pretty much as they were 20- 50 years ago. Today people do not have to meet each other for every transaction nor have they to follow every business at every step. The technological developments illustrated that the physical loc ...

GLOBAL FRAMEWORK OF OIL AND PETROLEUM BUSINESS

Melih Osman BÜTÜNER
07.03.2018

Abstract:

Petroleum and gas resources are the most important mining industry in the world since their importance was well understood by the people. Over that past 100 years, people have been using petroleum for different purposes, like, heating, transportation, plastic, etc. Unfortunately, unlike the weather or water, these resources are limited. Therefore, the consumption determines the life of petrol or gas in the future. One can think why these resources were not used a hundred year ago. The answer is ...

A MUST HAVE - SEAWORTHINESS

Melih Osman BÜTÜNER
06.03.2018

Abstract:

The carriage of goods by sea has been in our lives for hundreds of years. It was a significant need to move the necessary things from a place to another with the cheapest and fastest way. One may claim that the carriage of goods by sea is the fastest and cheapest way. The states which are surrounded by sea lead to the sea carriage in the world. The United Kingdom has been the outstanding state in the sense of maritime as a result of its geographical feature. Therefore, the acts and rules had to ...

PUBLIC POLICY - CHALLENGES TO THE JURISDICTION OF ARBITRAL TRIBUNALS

Fatih BÜTÜNER
26.02.2018

Abstract:

Public policy is among the most prevalent grounds mainly used by parties in international arbitration to resist implementation of arbitral awards. It has remained a contentious, complex, and a greatly debated subject, up to date. The reason is because of the varied approach upheld by national courts pertaining the concept of public policy in the international arbitration. Despite the fact that over time, arbitration practices and laws have attempted to align the concept of public policy in ...

THE WTO DISPUTE SETTLEMENT SYSTEM

Fatih BÜTÜNER
26.02.2018

Abstract:

The dispute settlement mechanism has been constituted as a result of the Uruguay Round and exists within the structure of World Trade Organization (hereinafter WTO). The dispute settlement mechanism ensures the safety and predictability of the trading organization. The main objective of the method is to have an agreement between parties. ...

THE SURVEILLANCE OF GOVERNMENTS

Fatih BÜTÜNER
26.02.2018

Abstract:

Governments and companies collect, stock, and examine the significant amount of data we benefit as we use in our mobile devices. Often we are not aware of this, and mostly without our permit. Depending on this records, they conclude about us that we might disagree with or argue against, and that can influence our lives in dangerous ways. Surveillance includes observing people or situations typically as the basis for some form of social intervention. It is hard to believe, but we are under m ...

IS EDWARD SNOWDEN A TRAITOR OR A HERO?

Fatih BÜTÜNER
26.02.2018

Abstract:

The federal government of U.S. has been compelled to certify that the NSA gather information about every phone number which call and text by citizens, and define this "metadata" to find a connection between numbers and people who might be a terrorist or pose a danger to the state. ...

INTERNATIONAL TRADEMARK AND DIGITAL EXHAUSTION

Fatih BÜTÜNER
26.02.2018

Abstract:

The exhaustion principle is applying to trademarks often restricts the scope of rights of trademark owners and other market participants. Therefore, it is crucial to make sure there the interests of the two parties, that is, trademark owner and the rest of market players, balance fairly. Exhaustion of rights, as a ‘lex specialis’ (trademark law) concept is closely linked to the national contract law and procedural law applied in various countries, making it challenging to guarantee consiste ...

GREY MARKET - THE SCOPE AND CONDITIONS ON APPLYING THE EXHAUSTION PRINCIPLE IN EU AND UK TRADEMARK AND COPYRIGHT LAWS

Fatih BÜTÜNER
26.02.2018

Abstract:

Foreign manufacturers produce goods worth billions of dollars annually and the goods are then legitimately sold abroad under specific trademarks after which their importation into the United States takes place without authorization from the authorized United States distributors the foreign manufacturers of the goods. Once they are imported, the foreign goods compete in the market with goods by those owning the United States trademark rights on goods with identical foreign marks. The goods a ...

GAINING THE TURKISH CITIZIENSHIP BY AN INVESTMENT

Fatih BÜTÜNER
26.02.2018

Abstract:

In the race to attract international capital, countless different applications are increasing every day in the world. Taxes, free investments, financial incentives and long-term residence permits are just a few of them. At the same time, various countries that give citizenship on the condition that they are financially or directly invested in a specific size. Turkey joined in among them at the beginning of 2017. For this reason, the idea of "citizenship" has begun to be discussed once more. ...

LEGITIMACY OF THE ARBITRAL TRIBUNAL TO RULE ON A DISPUTE IN INTERNATIONAL COMMERCIAL ARBITRATION

Fatih BÜTÜNER
26.02.2018

Abstract:

The speedy growth of the International Trade has necessitated parties to set freely their business relationship terms. This is in harmony with party sovereignty"s contractual set of guidelines. In regard to this, there is obvious insertion of arbitration agreements in the contracts as a way of settling disputes in place of the common dispute resolution method through the courts’ instrumentality. These parties through subjecting their conflicts to arbitration are essentially approving to be ...

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