Issue: 71, 12/31/22

Year: 2022

Makaleler

Annales de la Faculté de Droit d’Istanbul aims to publish high quality articles and thus contribute to the accumulation and dissemination of knowledge in the field.

Annales de la Faculte de Droit d’Istanbul is a well-known and long-standing peer-reviewed academic journal that reviews the latest evolutions in and developments in the legal field since 1951. The approach of the Journal is a comparative one and accordingly will focus on not only Turkish domestic law but also German, Swiss, French, European Union and Anglo-American laws as well as all fields of international law. 

It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to any legal systems. Each edition of the Annales contains significant theoretical contributions while also being a dossier of information on the cross-cultural application of a specific area of law. Annales also publishes both translated texts of Turkish relevant legislation. It is worth noting that Turkey becomes very important actor in the process of enlargement of EU and the regional leader in the Middle East and Asia Minor. Annales is the leading forum for research and discussion of the law and legal systems of these regions. Thus, the Annales with its Editorial Board including both national and international leading experts  is the magnet for all legal scholars working in this region.

Priority will be given to authors who will present original perspective on legal issues as described above. However, it is open for all scholars around the world to contribute to the Annales. The editorial board will be pleased to receive submissions from foreign scholars all over the world.

LANGUAGE

The language of the journal is French, English and German.

MANUSCRIPT ORGANIZATION AND FORMAT

All correspondence will be sent to the first-named author unless otherwise specified. Manuscpript is to be submitted online via https://dergipark.org.tr/login  that can be accessed at https://dergipark.org.tr/tr/pub/iuafdi  and it must be accompanied by a Title Page specifying the article category (i.e. research article, review etc.) and including information about the manuscript (see the Submission Checklist). Manuscripts should be prepared in Microsoft Word 2003 and upper versions. In addition, Copyright Agreement Form that has to be signed by all authors must be submitted.

1.  The manuscripts should be in A4 paper standards: having 2.5 cm margins from right, left, bottom and top, Times New Roman font style in 12 font size and line spacing of 1.5. Due to double blind peer review, manuscript file must not include any information about the author. 

2. Title Page  including author information must be submitted together with the manuscript. The title page is to include fully descriptive title of the manuscript and, affiliation, title, e-mail address, postal address, ORCIDs, phone and fax number of the author(s) (see The Submission Checklist).

3.The manuscripts should contain mainly these components: title, abstract and keywords, sections,  references and, tables and figures.

4. Before the introduction part, there should be abstract between 150-200 words both in the language of the article and in English summarizing the scope, the purpose, the results of the study and the methodology used. Underneath the abstracts, 3-5 keywords that inform the reader about the content of the study should be specified. For the manuscripts in French and German, an extended abstract of 600-800 words is required as well.

5. Apart from research articles and reviews, reviews of judgements, legislation assessments and meeting notes are included within the journal.

6. Research article sections are ordered as follows: “Introduction”, “Aim and Methodology”, “Findings”, “Discussion and Conclusion”, “Endnotes”, “References” and “Tables and Figures”. For review and commentary articles, the article should start with the “Introduction” section where the purpose and the method is mentioned, go on with the other sections; and it should be finished with “Discussion and Conclusion” section followed by “Endnotes”, “References” and “Tables and Figures”.

7. Annales de la Faculté de Droit d’Istanbul offers two options of referencing style. Authors should use OSCOLA (See The References section in below). Accuracy of citation is the author’s responsibility. All references should be cited in text.

8. If the manuscript includes a table or graphic, raw data must be submitted as a separate Excel file together with the manuscript Word file. Tables, graphs and figures should be given with a defining title and with a number if it is necessary to follow the idea of the article.

9. It is accepted that the submitted manuscripts are in line with the journal’s rules. In case that violation of scientific research and ethical rules and too many writing errors are detected the manuscript would be rejected by the Editor and Editorial Board.

10. Authors are responsible for all statements made in their work submitted to the journal for publication.

11. The manuscripts submitted to the journal will not be returned whether they are published or not.

SUBMISSION CHECKLIST

Ensure that the following items are present:

-           Confirm that the category of the manuscript is specifed.

-           Confirm that “the paper is not under consideration for publication in another journal”.

-           Confirm that  disclosure of any commercial or financial involvement is provided.

-           Confirm that last control for fluent English was done.

-           Confirm that journal policies detailed in Information for Authors have been reviewed.

-           Confirm that the references cited in the text and listed in the references section are in line with OSCOLA

● Copyright Agreement Form

● Permission of previous published material if used in the present manuscript

● Title Page

-          The category of the manuscript

-          The title of the manuscript both in the language of article and in English

-          All authors’ names and affiliations (institution, faculty/department, city, country),

-          e-mail addresses

-          Corresponding author’s email address, full postal address, telephone and fax number

-          ORCIDs of all authors..

-          Grant support (if exists)

-          Conflict of interest (if exists)

-          Acknowledgement (if exists)

● Main manuscript document

-          Important: Please avoid mentioning the author (s) names in the manuscript

-          The title of the manuscript both in the language of article and in English

-          Abstracts (150-200 words) both in the language of article and in English

-          Key words: 3-5 words both in the language of article and in English

-          Extended abstract in English if the manuscript is in French or German (600-800 words)

-          References

-          All tables, illustrations (figures) (including title, explanation, captions)

 

REFERENCES

Reference Style and Format

Annales de la Faculté de Droit d’Istanbul offers two options of referencing style. Authors should use OSCOLA OSCOLA (Oxford Standard for the Citation of Legal Authorities) is published by the University of Oxford and detail and examples about the style can be found at https://www.law.ox.ac.uk/research-subject-groups/publications/oscola

OSCOLA Reference Examples

Primary Sources

Do not use full stops in abbreviations. Separate citations with a semi-colon.

Cases

Give the party names, followed by the neutral citation, followed by the Law Reports citation (eg AC, Ch, QB). If there is no neutral citation, give the Law Reports citation followed by the court in brackets. If the case is not reported in the Law Reports, cite the All ER or the WLR, or failing that a specialist report.

Corr v IBC Vehicles Ltd [2008] UKHL 13, [2008] 1 AC 884.

R (Roberts) v Parole Board [2004] EWCA Civ 1031, [2005] QB 410.

Page v Smith [1996] AC 155 (HL).

When pinpointing, give paragraph numbers in square brackets at the end of the citation. If the judgment has no paragraph numbers, provide the page number pinpoint after the court.

Callery v Gray [2001] EWCA Civ 1117, [2001] 1 WLR 2112 [42], [45].

Bunt v Tilley [2006] EWHC 407 (QB), [2006] 3 All ER 336 [1]–[37].

R v Leeds County Court, ex p Morris [1990] QB 523 (QB) 530–31.

If citing a particular judge:

Arscott v The Coal Authority [2004] EWCA Civ 892, [2005] Env LR 6 [27] (Laws LJ).

Statutes and statutory instruments

Act of Supremacy 1558.

Human Rights Act 1998, s 15(1)(b).

Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI

2004/3166.

EU legislation and cases

Consolidated Version of the Treaty on European Union [2008] OJ C115/13.

Council Regulation (EC) 139/2004 on the control of concentrations between undertakings

(EC Merger Regulation) [2004] OJ L24/1, art 5.

Case C–176/03 Commission v Council [2005] ECR I–7879, paras 47–48.

European Court of Human Rights

Omojudi v UK (2009) 51 EHRR 10.

Osman v UK ECHR 1998–VIII 3124.

Balogh v Hungary App no 47940/99 (ECHR, 20 July 2004).

Simpson v UK (1989) 64 DR 188.

Secondary Sources

Books

Give the author’s name in the same form as in the publication, except in bibliographies, where you should give only the surname followed by the initial(s). Give relevant information about editions, translators and so forth before the publisher, and give page numbers at the end of the citation, after the brackets.

Thomas Hobbes, Leviathan (first published 1651, Penguin 1985) 268.

Gareth Jones, Goff and Jones: The Law of Restitution (1st supp, 7th edn, Sweet &

Maxwell 2009).

K Zweigert and H Kötz, An Introduction to Comparative Law (Tony Weir tr, 3rd edn,

OUP 1998).

Contributions to edited books

Francis Rose, ‘The Evolution of the Species’ in Andrew Burrows and Alan Rodger (eds),

Mapping the Law: Essays in Memory of Peter Birks (OUP 2006).

Encyclopedias

Halsbury’s Laws (5th edn, 2010) vol 57, para 53.

Journal articles

Paul Craig, ‘Theory, “Pure Theory” and Values in Public Law’ [2005] PL 440.

When pinpointing, put a comma between the first page of the article and the page pinpoint.

JAG Griffith, ‘The Common Law and the Political Constitution’(2001) 117 LQR 42, 64.

Online journals

Graham Greenleaf, ‘The Global Development of Free Access to Legal Information’ (2010)

1(1) EJLT < http://ejlt.org//article/view/17 > accessed 27 July 2010.

Command papers and Law Commission reports

Department for International Development, Eliminating World Poverty: Building our

Common Future (White Paper, Cm 7656, 2009) ch 5.

Law Commission, Reforming Bribery (Law Com No 313, 2008) paras 3.12–3.17.

Websites and blogs

Sarah Cole, ‘Virtual Friend Fires Employee’ (Naked Law, 1 May 2009)

<www.nakedlaw.com/2009/05/index.html> accessed 19 November 2009.

Newspaper articles

Jane Croft, ‘Supreme Court Warns on Quality’ Financial Times (London, 1 July 2010) 3.



Publication Ethics and Malpractice Statement

Annales de la Faculté de Droit d’Istanbul is committed to upholding the highest standards of publication ethics and pays regard to Principles of Transparency and Best Practice in Scholarly Publishing published by the Committee on Publication Ethics (COPE), the Directory of Open Access Journals (DOAJ), the Open Access Scholarly Publishers Association (OASPA), and the World Association of Medical Editors (WAME) on https://publicationethics.org/resources/guidelines-new/principles-transparency-and-best-practice-scholarly-publishing
All parties involved in the publishing process (Editors, Reviewers, Authors and Publishers) are expected to agree on the following ethical principles.

All submissions must be original, unpublished (including as full text in conference proceedings), and not under the review of any other publication synchronously. Each manuscript is reviewed by one of the editors and at least two referees under double-blind peer review process. Plagiarism, duplication, fraud authorship/denied authorship, research/data fabrication, salami slicing/salami publication, breaching of copyrights, prevailing conflict of interest are unnethical behaviors.

All manuscripts not in accordance with the accepted ethical standards will be removed from the publication. This also contains any possible malpractice discovered after the publication. In accordance with the code of conduct we will report any cases of suspected plagiarism or duplicate publishing.

Research Ethics

The journal adheres to the highest standards in research ethics and follows the principles of international research ethics as defined below. The authors are responsible for the compliance of the manuscripts with the ethical rules.

- Principles of integrity, quality and transparency should be sustained in designing the research, reviewing the design and conducting the research.

- The research team and participants should be fully informed about the aim, methods, possible uses and requirements of the research and risks of participation in research.

- The confidentiality of the information provided by the research participants and the confidentiality of the respondents should be ensured. The research should be designed to protect the autonomy and dignity of the participants.

- Research participants should participate in the research voluntarily, not under any coercion.

- Any possible harm to participants must be avoided. The research should be planned in such a way that the participants are not at risk.

- The independence of research must be clear; and any conflict of interest or must be disclosed.

- In experimental studies with human subjects, written informed consent of the participants who decide to participate in the research must be obtained. In the case of children and those under wardship or with confirmed insanity, legal custodian’s assent must be obtained.

- If the study is to be carried out in any institution or organization, approval must be obtained from this institution or organization.

- In studies with human subject, it must be noted in the method’s section of the manuscript that the informed consent of the participants and ethics committee approval from the institution where the study has been conducted have been obtained.

Author's Responsibilities

It is authors’ responsibility to ensure that the article is in accordance with scientific and ethical standards and rules. And authors must ensure that submitted work is original. They must certify that the manuscript has not previously been published elsewhere or is not currently being considered for publication elsewhere, in any language. Applicable copyright laws and conventions must be followed. Copyright material (e.g. tables, figures or extensive quotations) must be reproduced only with appropriate permission and acknowledgement. Any work or words of other authors, contributors, or sources must be appropriately credited and referenced.

All the authors of a submitted manuscript must have direct scientific and academic contribution to the manuscript. The author(s) of the original research articles is defined as a person who is significantly involved in “conceptualization and design of the study”, “collecting the data”, “analyzing the data”, “writing the manuscript”, “reviewing the manuscript with a critical perspective” and “planning/conducting the study of the manuscript and/or revising it”. Fund raising, data collection or supervision of the research group are not sufficient roles to be accepted as an author. The author(s) must meet all these criteria described above. The order of names in the author list of an article must be a co-decision and it must be indicated in the Copyright Agreement Form.

The individuals who do not meet the authorship criteria but contributed to the study must take place in the acknowledgement section. Individuals providing technical support, assisting writing, providing a general support, providing material or financial support are examples to be indicated in acknowledgement section.

All authors must disclose all issues concerning financial relationship, conflict of interest, and competing interest that may potentially influence the results of the research or scientific judgment. When an author discovers a significant error or inaccuracy in his/her own published paper, it is the author’s obligation to promptly cooperate with the Editor-in-Chief to provide retractions or corrections of mistakes.

Responsibility for the Editor and Reviewers

Editor evaluates manuscripts for their scientific content without regard to ethnic origin, gender, citizenship, religious belief, political or philosophy of the authors. He provides a fair double-blind peer review of the submitted articles for publication. He ensures that all the information related to submitted manuscripts is kept as confidential before publishing.

Editor is responsible for the contents and overall quality of the publication. He must publish errata pages or make corrections when needed.

Editor does not allow any conflicts of interest between the authors, editors and reviewers. Only he has the full authority to assign a reviewer and is responsible for final decision for publication of the manuscripts in the Journal.

Reviewers evaluate manuscripts based on content without regard to ethnic origin, gender, citizenship, religious belief, political or philosophy of the authors. They must have no conflict of interest with respect to the research, the authors and/or the research funders. Their judgments must be objective.

Reviewers should identify the relevant published work that has not been cited by the authors. They must ensure that all the information related to submitted manuscripts is kept as confidential and must report to the Editor if they are aware of copyright infringement and plagiarism on the author’s side.

A reviewer who feels unqualified to review the topic of a manuscript or knows that its prompt review will be impossible should notify the Editor and excuse himself from the review process.

The editor informs the reviewers that the manuscripts are confidential information and that this is a privileged interaction. The reviewers and editorial board cannot discuss the manuscripts with other persons. The reviewers are not allowed to have copies of the manuscripts for personal use and they cannot share manuscripts with others. Unless the authors and editor permit, the reviews of referees cannot be published or disclosed. The anonymity of the referees is important. In particular situations, the editor may share the review of one reviewer with other reviewers to clarify a particular point.

All expenses of the journal are covered by the Istanbul University. Processing and publication are free of charge with the journal. There is no article processing charges or submission fees for any submitted or accepted articles.