Constitutionalism in Turkey - how
Turks had voted in favour of the constitutional changes in , leading the country to switch from a parliamentary democracy to an executive presidential system despite strong backlash from opposition parties and critics. Erdogan was elected president under the new system in , with sweeping executive powers that opposition parties described as a "one-man regime". The HDP denies this. Rights groups and Turkey's Western allies have criticised what they see as increasing authoritarianism and threats to the rule of law under Erdogan, especially since a coup attempt that prompted sweeping crackdowns on his perceived opponents in public services, the military and elsewhere. Turkish authorities have rejected the accusations, saying the measures were necessary for national security.Constitutionalism in Turkey Video
Turkey MPs debate controversial constitutional reforms Constitutionalism in Turkey.
Paris Court sets click partial award on tribunal constitution in OIC investment arbitration against Libya How would you like your page printed? The Court held that in circumstances where the OIC Secretary General failed to appoint an arbitrator for a state respondent that had not done so, there was no legal basis for the Secretary General of the Permanent Court Constitutionalism in Turkey Arbitration PCA Constitutionalsm name an appointing authority for tribunal constitution.
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The agreement provides a legal framework to promote and offer protection to investments made by investors of Member States in the territory of other Member States. While several investment cases have been brought under it since then, and respondent states have appointed arbitrators in some of them, Constitutionalism in Turkey appears that in those known cases where the respondent Member State has failed to appoint an arbitrator, the OIC Secretary Turmey has refrained from doing so in its place.
The latter nominated an arbitrator on behalf of Libya link the co-arbitrators appointed the third, presiding arbitrator.
Libya then seized the Paris Court of Appeal to set aside this partial award. If the parties Constitutionalism in Turkey unable to constitute the arbitral tribunal, they may request the OIC Secretary General to act as the appointing authority. This may be seen as possibly emboldening certain Member States to refuse to cooperate in constituting an arbitral tribunal in future claims under this Agreement.
by DAILY SABAH WITH AA
Ironically, it was Libya that pointed out in submissions before the Court a potential procedural Constitutionalism in Turkey that the investor had not pursued, namely, to have asked a French judge to act to help facilitate constitution of an arbitral tribunal after the OIC Secretary General failed to make a default appointment for the State. DS Construction disagreed as to its potential applicability in the circumstances at hand.
The Court of Appeal anyway saw Article 4 as inapposite, since it could only have related to the jurisdiction of the Judicial Court to act in the first instance in aid of arbitration, not to the role of the Court of Appeal in considering a here to an arbitral award on jurisdiction.]
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