Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| 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 |
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| 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) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | ||||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | ||||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | ||||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | ||||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | ||||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | ||||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | ||||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | ||||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | ||||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | ||||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | ||||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | S | Exam |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | S | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | H | Exam |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | S | Exam |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | S | Exam |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | H | Exam |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | S | Exam |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | H | Exam |
| Prepared by and Date | AYFER UYANIK , January 2024 |
| Course Coordinator | AYFER UYANIK |
| Semester | Spring |
| Name of Instructor |
Course Contents
| 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 |
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| Course Administration |
uyanika@mef.edu.tr |
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ECTS Student Workload Estimation
| 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 | ||||||