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Umbrella Clauses In The Icsid Arbitration, Ilyas Golcuklu
Umbrella Clauses In The Icsid Arbitration, Ilyas Golcuklu
ILYAS GOLCUKLU
This article aims to discuss two main approaches, namely broad interpretation and restrictive interpretation, adopted by various arbitral tribunals to deal with umbrella clause claims brought in international investment disputes, especially under the ICSID[1] arbitration.
The first section of the article tries to give readers a general idea about the BITs and the definition of umbrella clauses by heavily emphasizing the importance of such clauses in international investment arbitration. This section also gives a brief historical background with regard to emergence of umbrella clauses and analyzes the rationale behind this emergence while giving some actual wording of such clauses …
A Comparative Analysis Of The Recent Issues Regarding The Freedom Of The Press And Freedom Of Expression In Turkey: Supremacy Of The Turkish Constitution Or Criminal Law?, Ilyas Golcuklu
ILYAS GOLCUKLU
Recent developments in Turkey have created legal criticism and constitutional questions about the scope and implementation of the freedom of expression and the press. Most recently, the secularist Cumhuriyet (“Republic”) newspaper, after the infamous and deadly attack on the French satirical newspaper Charlie Hebdo, decided to publish cartoons from the latest edition of the Charlie Hebdo to protest this violent terrorist attack. The Istanbul Chief Public Prosecutor’s Office launched an investigation into the Cumhuriyet daily for reprinting a selection of cartoons from the latest issue of Charlie Hebdo that is said to insult Muslims. As soon as the January 14 …