| School/Faculty/Institute | Faculty of Law | |||||
| Course Code | HUK 334 | |||||
| Course Title in English | Foreign Investment Law | |||||
| Course Title in Turkish | Yabancı Yatırım Hukuku | |||||
| Language of Instruction | TR | |||||
| Type of Course | Lecture | |||||
| Level of Course | Intermediate | |||||
| Semester | Spring | |||||
| Contact Hours per Week |
|
|||||
| Estimated Student Workload | 60 hours per semester | |||||
| Number of Credits | 2 ECTS | |||||
| Grading Mode | Standard Letter Grade | |||||
| Pre-requisites | None | |||||
| Expected Prior Knowledge | None | |||||
| Co-requisites | None | |||||
| Registration Restrictions | None | |||||
| Overall Educational Objective | The general educational objective of the course is to teach the students the legislation and dispute resolution mechanisms shaping foreign investments. The students who follow the course will have knowledge about the legal regime between the state and the foreign investor, what kind of treaty regime is envisaged to encourage foreign investment between states, and the international legal protection mechanisms introduced for foreign investors. | |||||
| Course Description | The course aims to explore following subjects: the notion of foreign investment, how foreign investment law evolved, Turkish legislation concerning foreign investment, the international conventions on foreign investment regime, legal restrictions on foreign investors under Turkish law, ICSID and MIGA regimes and dispute resolution mechanisms. | |||||
| Course Description in Turkish | Ders kapsamında, yabancı yatırım kavramı, yabancı yatırım hukukunun ne zaman ve nasıl koşullar altında oluşmaya başladığı, yabancı yatırımlara ilişkin ulusal mevzuat ve uluslararası antlaşmalar rejimi, Türkiye’de yabancı yatırımcılara uygulanabilecek sınırlamalar, ICSID ve MIGA rejimi ve uyuşmazlık çözüm metotları gibi konular incelenecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the emergence and development of foreign capital movements 2) To know the criteria used in determining the rights and freedoms of foreigners 3) To have a good command of Foreign Investment Legislation and International Agreements 4) To understand the rights granted to foreign investors 5) To evaluate the differences of Foreign Capital Companies in terms of the Right to Acquire Immovable Property 6) Applying Foreign Investment Dispute Settlement Techniques (in particular MIGA and ICSID) |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 |
|---|---|---|---|---|---|---|
| 1) Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology. | ||||||
| 2) Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation. | ||||||
| 3) Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes. | ||||||
| 4) Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts. | ||||||
| 5) Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline. | ||||||
| 6) Internalization and dissemination of professional ethical standards. | ||||||
| 7) Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences. | ||||||
| 8) Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level). | ||||||
| 9) Recognition, understanding, and respect for the complexity of sociocultural and international diversity. | ||||||
| 10) Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement. | ||||||
| 11) Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses. | ||||||
| 12) Ability to acquire knowledge independently, and to plan one’s own learning. | ||||||
| 13) Demonstration of advanced competence in the clarity and composition of written work and presentations. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology. | N | |
| 2) | Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation. | N | |
| 3) | Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes. | H | Exam,HW,Participation |
| 4) | Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts. | N | |
| 5) | Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline. | N | |
| 6) | Internalization and dissemination of professional ethical standards. | N | |
| 7) | Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences. | N | |
| 8) | Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level). | N | |
| 9) | Recognition, understanding, and respect for the complexity of sociocultural and international diversity. | S | Participation |
| 10) | Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement. | S | HW,Participation |
| 11) | Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses. | N | |
| 12) | Ability to acquire knowledge independently, and to plan one’s own learning. | S | Exam,HW |
| 13) | Demonstration of advanced competence in the clarity and composition of written work and presentations. | H | Exam,HW |
| Prepared by and Date | AYFER UYANIK , January 2024 |
| Course Coordinator | AYFER UYANIK |
| Semester | Spring |
| Name of Instructor |
| Week | Subject |
| 1) | Foreign Capital in History and Today |
| 2) | Definition and Nature of Foreign Investment (Portfolio Investment; Foreign Direct Investment) |
| 3) | The System of Aliens Law in General |
| 4) | National Legislation on Foreign Investments |
| 5) | Employment of Foreign Personnel in Foreign Direct Investments |
| 6) | Foreign Capital in terms of Acquisition of Immovable Property and Utilisation of Limited In Rem Rights in Turkey |
| 7) | Foreign Investments and International Law |
| 8) | Bilateral and Multilateral International Conventions to which Turkey is a Party on Investment |
| 9) | MIGA (Multilateral Investment Guarantee Agency) |
| 10) | ICSID (International Centre for Settlement of Investment Disputes) Convention - Lecture |
| 11) | Convention on the Promotion, Protection and Guarantee of Investments among the Member States of the Organisation of the Islamic Conference |
| 12) | ICSID - Analysis of ICSID awards |
| 13) | Analysis of ICSID awards |
| 14) | Analysis of ICSID awards |
| Required/Recommended Readings | 1) Doğrudan Yatırımların Uluslararası Koruması, Bilgin Tiryakioğlu 2) Doğrudan Yabancı Yatırımlar Kanununun Türk Yabancılar Hukuku Sistemi İçindeki Yeri ve Rolü, Rıfat Erten 3) Hukuksal ve Kurumsal Bağlamda Amerika Birleşik Devletleri ve Türkiye’de Doğrudan Yabancı Yatırımlar, Mehmet Baykal 4) Milletlerarası Yatırım Tahkiminde Kamulaştırmadan Doğan Tazminat ve Tazminat Hesaplanmasında Kullanılan Yöntemler, Faruk Kerem Giray | ||||||||||||
| Teaching Methods | Theoretical lecture, analyses of international conventions and other legislative provisions and court decisions related to the subject | ||||||||||||
| Homework and Projects | None | ||||||||||||
| Laboratory Work | None | ||||||||||||
| Computer Use | None | ||||||||||||
| Other Activities | None | ||||||||||||
| Assessment Methods |
|
||||||||||||
| Course Administration |
uyanika@mef.edu.tr |
||||||||||||
| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 1 | 2 | 42 | |||
| Midterm(s) | 2 | 4 | 1 | 10 | |||
| Final Examination | 1 | 6 | 2 | 8 | |||
| Total Workload | 60 | ||||||
| Total Workload/25 | 2.4 | ||||||
| ECTS | 2 | ||||||