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Extraterritorial Implications of Turkish Legislation
Abstract
Prescriptive jurisdiction of states is based on principles such as territoriality, nationality, passive nationality, universality, and protection. Although jurisdiction to prescribe is limited to the territory of the relevant State, geographic scope of application of any legislation can be determined in an extraterritorial manner. Regardless of the intense discussions on this issue, extraterritorial prescriptive jurisdiction is not considered a violation of international law. Decision of the Permanent Court of International Justice which was rendered in the SS Lotus case was accepted as the basis for objective territoriality
principle and effect doctrine. In other words, States can exercise prescriptive jurisdiction for acts and conducts committed abroad that have an impact on their countries. Principle of objective nationality and effect doctrine are not the only basis for the application of legislation of a state to the conducts taking place abroad or persons living in another country. A state can also exercise extraterritorial prescriptive jurisdiction relying on the principle of passive nationality, protection principle or another basis. In Turkish law, geographic scope of application of an act and other legislation are rarely determined
expressly on an extraterritorial basis. The extraterritoriality of any rule is defined by interpretation taking into account the purpose of the relevant rule. Extraterritorial application or implication of Turkish law can be seen in various areas such as legislation on anti-trust, personal data protection, anti-corruption, and securities. In addition to legislations regarding these issues, other legislations that have extraterritorial scope of application in Turkish law are discussed in this study.
principle and effect doctrine. In other words, States can exercise prescriptive jurisdiction for acts and conducts committed abroad that have an impact on their countries. Principle of objective nationality and effect doctrine are not the only basis for the application of legislation of a state to the conducts taking place abroad or persons living in another country. A state can also exercise extraterritorial prescriptive jurisdiction relying on the principle of passive nationality, protection principle or another basis. In Turkish law, geographic scope of application of an act and other legislation are rarely determined
expressly on an extraterritorial basis. The extraterritoriality of any rule is defined by interpretation taking into account the purpose of the relevant rule. Extraterritorial application or implication of Turkish law can be seen in various areas such as legislation on anti-trust, personal data protection, anti-corruption, and securities. In addition to legislations regarding these issues, other legislations that have extraterritorial scope of application in Turkish law are discussed in this study.
Keywords
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References
- Aksar Y, Teoride ve Uygulamada Uluslararası Hukuk (2nd edn, Seçkin 2013).
- Baş S, İçeriden Öğrenenlerin Ticareti Konusundaki Düzenlemelerin Ülke Dışı Uygulanabilirliği, (Sermaye Piyasası Kurulu 1999).
- Cassese A, International Law (2nd edn, Oxford 2005).
Details
Primary Language
English
Subjects
Law in Context
Journal Section
Research Article
Authors
Publication Date
December 29, 2021
Submission Date
November 17, 2021
Acceptance Date
November 25, 2021
Published in Issue
Year 2021 Volume: 41 Number: 2
APA
Tiryakioğlu, B. (2021). Extraterritorial Implications of Turkish Legislation. Public and Private International Law Bulletin, 41(2), 931-953. https://izlik.org/JA47SX36AX
AMA
1.Tiryakioğlu B. Extraterritorial Implications of Turkish Legislation. PPIL. 2021;41(2):931-953. https://izlik.org/JA47SX36AX
Chicago
Tiryakioğlu, Bilgin. 2021. “Extraterritorial Implications of Turkish Legislation”. Public and Private International Law Bulletin 41 (2): 931-53. https://izlik.org/JA47SX36AX.
EndNote
Tiryakioğlu B (December 1, 2021) Extraterritorial Implications of Turkish Legislation. Public and Private International Law Bulletin 41 2 931–953.
IEEE
[1]B. Tiryakioğlu, “Extraterritorial Implications of Turkish Legislation”, PPIL, vol. 41, no. 2, pp. 931–953, Dec. 2021, [Online]. Available: https://izlik.org/JA47SX36AX
ISNAD
Tiryakioğlu, Bilgin. “Extraterritorial Implications of Turkish Legislation”. Public and Private International Law Bulletin 41/2 (December 1, 2021): 931-953. https://izlik.org/JA47SX36AX.
JAMA
1.Tiryakioğlu B. Extraterritorial Implications of Turkish Legislation. PPIL. 2021;41:931–953.
MLA
Tiryakioğlu, Bilgin. “Extraterritorial Implications of Turkish Legislation”. Public and Private International Law Bulletin, vol. 41, no. 2, Dec. 2021, pp. 931-53, https://izlik.org/JA47SX36AX.
Vancouver
1.Bilgin Tiryakioğlu. Extraterritorial Implications of Turkish Legislation. PPIL [Internet]. 2021 Dec. 1;41(2):931-53. Available from: https://izlik.org/JA47SX36AX