The School of Law at Ibn Haldun University is a faculty that develops its methods using classical and innovative approaches with the help of advanced technology.
The International and Comparative Law Master Program is structured to train qualified lawyers who can produce new solutions for legal problems in the modern world where global competition is at the forefront. The program is appropriate for individuals who prefer critical thinking instead of memorizing, are conscious of doing research, have self-expressive skills and, are open-minded, make intellectual independence the priority. In addition, the program that emphasizes the importance of interdisciplinary and comparative studies develops a unique education perspective.
As an international research university, Ibn Haldun University offers outstanding opportunities with qualified academic staff, a 24/7 open library which provides a great collection, extensive scholarship, and an international network of researchers.
Assist. Prof. Üyesi Ali Demirbaş
The need for specialist lawyers is higher than ever because of rapid developments in social, cultural, economic, and technological fields in Turkey and new legal problems in the globalized world. Ibn Haldun University, established as a social science research university to respond to the above needs, aims to educate scientists and practitioners who specialize in international private and public Law. Therefore, the program should interest those who have a deep understanding of legal methods, identify problems correctly, and have an interdisciplinary perspective which is needed to solve problems, comment on legal texts with their accumulation, bring new proposals and take into account the developments in the world and present original opinions. First of all, the International and Comparative Law Master Program uses/has its own effective teaching methodology and it is also open to training qualified lawyers who abstain from memorization, think and reason, correctly identify encountered legal problems and produce quick and objective solutions by means of the concept of the notion of Law and using legal terminology properly, with excellent oral presentation skills.
The program includes both theoretical courses in the field of fundamental Law and practical courses in specialist areas. Therefore, students entitled to get a diploma and graduate from this program will increase their knowledge and skills in the areas listed below.
| IBN HALDUN UNIVERSITY SCHOOL OF GRADUATE STUDIES INTERNATIONAL AND COMPARATIVE LAW (IN TURKISH) WITH THESIS PROGRAM COURSE PLAN |
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| 1. Semester | |||||
| Course Code | Course Name | T | U | K | ECTS |
| HUK 500 | Seminer | 1 | 0 | 0 | 6 |
| HUK 501 | Bilimsel Araştırma Teknikleri ve Yayın Etiği | 3 | 0 | 3 | 8 |
| Program Seçmeli | 3 | 0 | 3 | 8 | |
| Program Seçmeli/Genel Seçmeli | 3 | 0 | 3 | 8 | |
| Total Credit | 9 | 30 | |||
| 2. Semester | |||||
| Course Code | Course Name | T | U | K | ECTS |
| Program Seçmeli | 3 | 0 | 3 | 8 | |
| Program Seçmeli | 3 | 0 | 3 | 8 | |
| Program Seçmeli | 3 | 0 | 3 | 8 | |
| Program Seçmeli/Genel Seçmeli | 3 | 0 | 3 | 8 | |
| Total Credit | 12 | 32 | |||
| 3. Semester | |||||
| Course Code | Course Name | T | U | K | ECTS |
| HUK 599 | Yüksek Lisans Tezi | 0 | 0 | 0 | 30 |
| Total Credit | 0 | 30 | |||
| 4. Semester | |||||
| Course Code | Course Name | T | U | K | ECTS |
| HUK 599 | Yüksek Lisans Tezi | 0 | 0 | 0 | 30 |
| Total Credit | 0 | 30 | |||
| Overall Total Credit | 21 | 122 | |||
| COMPULSORY COURSES | |||||
| Course Code | Course Name | T | U | K | ECTS |
| HUK 500 | Seminer | 1 | 0 | 0 | 6 |
| HUK 501 | Bilimsel Araştırma Teknikleri ve Yayın Etiği | 3 | 0 | 3 | 8 |
| DEPARTMENTAL ELECTIVE COURSES | |||||
| Course Code | Course Name | T | U | K | ECTS |
| HUK 503 | Avrupa İnsan Hakları Hukuku I | 3 | 0 | 3 | 8 |
| HUK 504 | Avrupa İnsan Hakları Hukuku II | 3 | 0 | 3 | 8 |
| HUK 505 | Birleşmiş Milletler Sisteminde İnsan Haklarının Korunması I | 3 | 0 | 3 | 8 |
| HUK 506 | Birleşmiş Milletler Sisteminde İnsan Haklarının Korunması II | 3 | 0 | 3 | 8 |
| HUK 507 | Uluslararası Örgütler I | 3 | 0 | 3 | 8 |
| HUK 508 | Uluslararası Örgütler II | 3 | 0 | 3 | 8 |
| HUK 509 | Roma Statüsü Kapsamında Uluslararası Ceza Hukuku I | 3 | 0 | 3 | 8 |
| HUK 510 | Roma Statüsü Kapsamında Uluslararası Ceza Hukuku II | 3 | 0 | 3 | 8 |
| HUK 511 | Uluslararası Çalışma Örgütü (International Labour Organization-ILO) Düzenlemeleri Çerçevesinde Uluslararası Çalışma Hukuku I | 3 | 0 | 3 | 8 |
| HUK 512 | Uluslararası Çalışma Örgütü (International Labour Organization-ILO) Düzenlemeleri Çerçevesinde Uluslararası Çalışma Hukuku II | 3 | 0 | 3 | 8 |
| HUK 513 | Avrupa Birliği Mevzuatı Çerçevesinde Tüketici Hukuku I | 3 | 0 | 3 | 8 |
| HUK 514 | Avrupa Birliği Mevzuatı Çerçevesinde Tüketici Hukuku II | 3 | 0 | 3 | 8 |
| HUK 515 | Uluslararası Ticaret Hukuku I | 3 | 0 | 3 | 8 |
| HUK 516 | Uluslararası Ticaret Hukuku II | 3 | 0 | 3 | 8 |
| HUK 517 | Avrupa Birliği Telif Hukuku I | 3 | 0 | 3 | 8 |
| HUK 518 | Avrupa Birliği Telif Hukuku II | 3 | 0 | 3 | 8 |
| HUK 519 | Uluslararası Ticari Tahkim Hukuku I | 3 | 0 | 3 | 8 |
| HUK 520 | Uluslararası Ticari Tahkim Hukuku II | 3 | 0 | 3 | 8 |
| HUK 521 | Cumhurbaşkanlığı Hükümet Sistemi | 3 | 0 | 3 | 8 |
| HUK 522 | Uluslararası Düzenlemeler Çerçevesinde Sendikal Haklar ve Toplu İş Sözleşmesi Hakkı | 3 | 0 | 3 | 8 |
| HUK 523 | Hava Hukukunun Temel İlkeleri | 3 | 0 | 3 | 8 |
| HUK 524 | Türk Milletlerarası Usul Hukuku | 3 | 0 | 3 | 8 |
| HUK 525 | Uluslararası Yatırım Hukuku | 3 | 0 | 3 | 8 |
| HUK 526 | ICC Tahkimi ve Uygulaması | 3 | 0 | 3 | 8 |
| HUK 527 | Osmanlı İmparatorluğu'nda Kamu Hizmetlerinin Görülüş Usulleri | 3 | 0 | 3 | 8 |
| HUK 528 | Mukayeseli Hukukta İdari Usul | 3 | 0 | 3 | 8 |
| HUK 529 | İşçinin Kişisel Verilerinin Korunması | 3 | 0 | 3 | 8 |
| HUK 530 | Mukayeseli Hukukta Kamu Denetçiliği Kurumu | 3 | 0 | 3 | 8 |
| HUK 531 | Teminat Hukuku I | 3 | 0 | 3 | 8 |
| HUK 532 | Teminat Hukuku II | 3 | 0 | 3 | 8 |
| HUK 533 | Kamu Özel Ortaklığı (PPP Sözleşmeleri) | 3 | 0 | 3 | 8 |
| HUK 534 | Elektronik Haberleşme Hukuku | 3 | 0 | 3 | 8 |
| HUK 535 | İsimsiz Sözleşmeler | 3 | 0 | 3 | 8 |
| HUK 536 | Mal Rejimleri Hukuku | 3 | 0 | 3 | 8 |
| HUK 537 | Rekabet Hukukunun Güncel Sorunları | 3 | 0 | 3 | 8 |
| HUK 538 | Anonim Şirketler Hukuku | 3 | 0 | 3 | 8 |
| HUK 539 | Hukuki Argümantasyonda Etik Teorilerin Katkısı | 3 | 0 | 3 | 8 |
| HUK 540 | Çek Hukuku | 3 | 0 | 3 | 8 |
| HUK 541 | Marka Hukuku | 3 | 0 | 3 | 8 |
| HUK 542 | Türk İş Hukuku ve Mukayeseli Hukuk Bağlamında Uzaktan Çalışma | 3 | 0 | 3 | 8 |
| HUK 543 | Terörle Mücadele Hukuku | 3 | 0 | 3 | 8 |
| HUK 544 | Uluslararası Hukuk Bakımından Siber Terörizm | 3 | 0 | 3 | 8 |
| HUK 545 | Uluslararası Mülteci Hukuku | 3 | 0 | 3 | 8 |
| HUK 546 | Uluslararası Hukukun Anayasallaşması | 3 | 0 | 3 | 8 |
| HUK 547 | Finansal Yaptırımlar Hukuku | 3 | 0 | 3 | 8 |
| HUK 548 | Yapay Zekâ, Etik ve Hukuk | 3 | 0 | 3 | 8 |
| HUK 549 | Karşılaştırmalı Anayasa Hukuku | 3 | 0 | 3 | 8 |
| HUK 550 | Osmanlı Sonrasında Kurulan Devletlerde Medeni Hukuk Alanındaki Gelişmeler | 3 | 0 | 3 | 8 |
| NOTES: | |||||
| To graduate from the International and Comparative Law (in Turkish) (Thesis) Master of Arts Program, 21 credits in total and eight courses having 122 ECTS, which includes seven courses and one seminar course, must be taken. Two of these courses are compulsory, and six of them are elective. | |||||
The seminar course aims to prepare the results of the research that the student will follow following the methods of scientific research at the graduate level by using presentation preparation methods and developing presentation skills. Firstly, students will be informed about the selection of the seminar topic and the presentation topics will be determined together with the student. Later, Students will conduct research on different topics, prepare presentations, and make presentations in front of a group. With the active participation of students, besides regular lecturing; research, production, and discussion methods will be used.
To provide students with knowledge about methods and techniques of scientific research. In a study using Scientific Research Method, what should be done, how to proceed, how to identify the problem, how to determine the correct method for the research, how to develop the test materials, how to transfer the references, and how the results will be discussed and how to find the results. Analysis of various articles about the development of research methodology. Publication Ethics, Education and Ethics, Ethical Justification and Basics.
Course content beginning with the historical development of human rights will be mentioned in contemporary discussions relating to human rights and cultural relativism. This course, in which the human rights protection system will be studied locally and universally, is mainly based on European Human Rights Law. This content, especially European Convention on Human Rights and The Court’s jurisprudence will be guided.
Course content beginning with the historical development of human rights will be mentioned in contemporary discussions relating to human rights and cultural relativism. This course, in which the human rights protection system will be studied locally and universally, is mainly based on European Human Rights Law. Therefore, this content, especially European Convention on Human Rights and The Court’s jurisprudence will be guided.
Within the scope of this course, institutionalized mechanisms for the protection of human rights within the U.N. system will be discussed. The Law produced by these organizations within the U.N. system will not be examined here. However, what these mechanisms are and their position in the system, their functions, and structures will be discussed. For example, the Law established by the Human Rights Committee under the U.N. Covenant on Civil and Political Rights will not be examined, but the position of this convention for the realization of human rights will be analyzed.
In this course, whether the mechanism in question is a Charter-based mechanism or a Contract-based mechanism will be the subject of this course. Of course, the area protected by this mechanism will be determined, on the other hand, analyses on substantive Law, for example, will not be entered. In this context, the Human Rights Council; Organs such as the Human Rights Committee, and the Children’s Rights Committee will be within the scope of the study.
This course will focus on the legal and policy issues raised by the development and functioning of intergovernmental organizations. It will encompass a period in United Nations law and a comparative study of international organizations over 14 weeks. Issues relating to rulemaking, trusteeship, human rights, dispute settlement, and enforcement will be central to this course. Parallel with the discussion of these themes, the focus each week will be on a different organization, from a list including the U.N., the World Bank, the International Labour Organization (ILO), the World Health Organization (WHO), the World Trade Organization (WTO), the World Intellectual Property Association (WIPO), the European Union (E.U.), the African Union (E.U.) and the Organization of American States (OAS). It will consider, among other topics, the privileges and immunities of international organizations, relations between the United States and the United Nations, the past role of and future composition of the Security Council, and the recent restructuring of the U.N. human rights mechanisms.
This course will focus on the legal and policy issues raised by the development and functioning of intergovernmental organizations. It will encompass a period in United Nations law and a comparative study of international organizations over 14 weeks. Issues relating to rulemaking, trusteeship, human rights, dispute settlement, and enforcement will be central to this course. Parallel with the discussion of these themes, the focus each week will be on a different organization, from a list including the U.N., the World Bank, the International Labour Organization (ILO), the World Health Organization (WHO), the World Trade Organization (WTO), the World Intellectual Property Association (WIPO), the European Union (E.U.), the African Union (E.U.) and the Organization of American States (OAS). It will consider, among other topics, the privileges and immunities of international organizations, relations between the United States and the United Nations, the past role of and future composition of the Security Council, and the recent restructuring of the U.N. human rights mechanisms.
Within the framework of this course, the term of international criminal law, international criminal law for crimes containing foreign elements, judicial assistance for long arm crimes, fight against the criminalist, ad-hoc criminal courts, establishment process of international criminal courts, and the International Criminal Court, classification of international crimes and its prosecution and trial processes shall be examined.
Within the framework of this course, the term of international criminal law, international criminal law for crimes containing foreign elements, judicial assistance for long arm crimes, fight against the criminalist, ad-hoc criminal courts, establishment process of international criminal courts, and the International Criminal Court, classification of international crimes and its prosecution and trial processes shall be examined.
The objective of this course is to provide a general point of view and understanding of international labor law institutions and provisions, particularly about international treaties approved by Turkey and supervision organs.
The objective of this course is to provide a general point of view and understanding of international labor law institutions and provisions, particularly about international treaties approved by Turkey and its supervision organs of them.
Many legal arrangements have been made in Turkey to harmonize the legal structures in consumer law with the E.U. For this purpose, the Law on the Protection of Consumers No. 6502 and various regulations were enacted to implement the Law. Therefore, in this course, the legal rules adopted by the E.U. for consumer protection will be examined comparatively with Turkish Law.
Many legal arrangements have been made in Turkey to harmonize the legal structures in consumer law with the E.U. For this purpose, the Law on the Protection of Consumers No. 6502 and various regulations were enacted to implement the Law. Therefore, in this course, the legal rules adopted by the E.U. for consumer protection will be examined comparatively with Turkish Law.
This course aims to teach students the basic principles and theories of International Business Law. Topics to be covered in this course include international commercial risks, lex mercatoria, CISG, Letters of Credit, Bank Letters of Guarantee, International Commercial Terms, and Documents.
This course aims to teach students the basic principles and theories of International Business Law. Topics to be covered in this course include international commercial risks, lex mercatoria, CISG, Letters of Credit, Bank Letters of Guarantee, International Commercial Terms, and Documents.
In the course, the directives on intellectual property, which are accepted by the European Union and must be transferred to the domestic laws of the member states, and especially the provisions of the “Information Community Directive” and the “Implementation Directive” will be examined in comparison with the Turkish intellectual property legislation and the Law on Intellectual and Artistic Works No. 5846.
In the course, the directives on intellectual property, which are accepted by the European Union and must be transferred to the domestic laws of the member states, and especially the provisions of the “Information Community Directive” and the “Implementation Directive” will be examined in comparison with the Turkish intellectual property legislation and the Law on Intellectual and Artistic Works No. 5846.
This course covers the development of International Commercial Arbitration. International Commercial Arbitration is one of the most frequently used dispute resolution methods in the resolution of international commercial disputes. With the increase in globalization and global trade, commercial arbitration has developed and many international agreements have been made in this field and these have directly affected local legislation. In this course, information and primary sources about the history of international commercial arbitration will be taught current issues will be discussed and a moot application of arbitration will be held.
International Arbitration Law of Turkey (Milletlerarası Tahkim Kanunu), different rules and regulations, and its application domestically and internationally will be examined in this course.
This course contains European counties, including Turkey, which adopted the Presidential System of Government after the constitutional amendment in 2017. The United States government systems will be comparatively examined in detail.
In this course, the historical development of the right of the union, positive and negative union freedom, trade union assurances, such as union law concepts and institutions related to the Turkish Labor Law, International Agreements, and the German Law, in particular, is aimed at examining. In this framework, students who are successful in the course are expected to do research using the library and electronic databases, to systematize the resources found, and to use research methods in the frame of scientific ethics by using citation methods.
Within the framework of this course, the foundation of aviation law, its historical development process, and its current situation shall be examined. After that, essential resources of the aviation law and internal and international aspects of these resources shall be discussed. Finally, considering the global and inner parts of aviation law, the relationship between the international agreements composing the aviation law and domestic civil aviation regulations of the countries shall be revealed. In this way, both the fundamental principles specified in the international agreements within the frame of international Law shall be examined and foreign countries’ civil aviation regulations shall be discussed within the comparative law framework.
The acquisition and loss of Turkish citizenship, the evaluation of issues related to the legal regime applied to foreigners, and citizenship law, within the scope of private international Law will be examined. Additionally, this course will explore the general principles that dominate personal International Law, the rules to be applied in conflict of laws related to relations with foreign elements, and global procedural law issues such as international jurisdiction, recognition, and enforcement of foreign courts and arbitral awards.
This course aims to examine bilateral investment agreements, agreements such as MIGA and ICSID, which are important sources of international investment law, and to evaluate the developments in international investment law.
Course “International Commercial Arbitration” is dedicated to the institutes of international commercial arbitration as a private mechanism of alternative dispute resolution of international commercial disputes. Particular emphasis is made on contemporary case law, drafting of procedural documents, and preparation for oral pleadings.
Within the scope of the course, the methods of meeting the everyday needs of the people living within the borders of the Empire in the classical and modern periods of the Ottoman Empire will be discussed. In this context, the role played by the central administration, kadis, foundations and other private legal persons in the provision of public services will be examined.
Within the scope of the course, the concept of administrative procedure, its content, and basic principles will be introduced first. Afterward, the necessity of the administrative procedure and its assurance to individuals will be examined. After determining the theoretical framework for the administrative procedure, administrative procedure laws, practices, and fundamental principles in other countries will be compared. This comparison will be made by considering the administrative procedure laws and practices of Turkey and other countries, the primary administrative law understanding of these countries, the administrative organization structure of the country, and the management style.
In this course, implementation in the field of the labor relations of Personal Data Protection Law no.6698 will be examined in detail comparatively with the regulation (E.U.) 2016/679 of the European Parliament on the protection of natural persons about the processing of personal data and the free movement of such data and repealing Directive 95/46/E.C. (General Data Protection Regulation), and the practices in the E.U. countries.
Within the scope of the Ombudsman in Comparative Law course, the examples in comparative Law and the way it is applied in our country, the supervision of the administration by a non-judicial institution independent from the administration are examined
In this course, personal guarantees afforded to assure obligees such as surety, guarantee contracts, pecuniary warrants, and especially letters of guarantee will be examined.
In this course, personal guarantees afforded to assure obligees such as surety, guarantee contracts, pecuniary warrants, and especially letters of guarantee will be examined.
In the Public-Private Partnerships course, the methods of working together between the Public Sector and the Private Sector are explained. The projects implemented in Turkey are evaluated in terms of legislation and compared with their practices in international Law.
The course examines how the European Union (E.U.) regulates one of its most dynamic, innovative industries: the electronic communications sector. The course concentrates on the efforts of the E.U. to deregulate and re-regulate electronic communications networks and services to achieve Union-wide competition in the industry. However, an account is also taken of the global context for this area of regulation. Accordingly, a report is taken on the regulatory roles of non-EU actors in the field, particularly the International Telecommunications Union (ITU) and the World Trade Organization (WTO). The main legal instruments examined in the course are Directives 2002/21/E.C., 2002/19/E.C., 2002/20/E.C., and 2002/22/E.C. (all as amended), Regulation (E.C.) 1211/2009, along with relevant Commission recommendations and guidelines.
In this course, innominate contract types which are not regulated in the Turkish Law of Obligations and fundamental issues about these contracts will be examined. Emphasizing frequently encountered innominate contracts in practice, this course will present differences between innominate agreements and similar contracts regulated in the Code.
Within the scope of the course, marital property regimes, which is one of the main subjects of Civil Law and regulated within the range of family law relations in the second book of the Civil Code, are discussed. In this context, important issues such as legal marital regime and contractual/elective property regime, separation of property regime, more specifically entitlement, dissolution, and division in the matrimonial property regime of participation in acquired property are examined.
Basic understanding of the Law of market structure and unfair competition law; introduction into European and national competition procedure including the leniency programs. Comparative research on European Competition Law
In this course, issues regarding the Joint Stock Company Law, including the judicial decisions on the subject, from the establishment of the joint-stock company to its dissolution, the working procedures and principles of the company organs to the commercial books and reports to be prepared by the joint-stock companies, the structure change models such as mergers, divisions, issues such as a change of type, liability, from issuance of share certificates to share transfers, the right to obtain and review information from the company’s audit will be discussed.
This course will discuss the structural relationship between ethics and Law rather than superficial discussions. In the first four weeks, we will put forward a problem about the possibility of being ethical for a human being in current scientific developments, especially connectome and artificial intelligence. In the second 4 weeks, the most accepted Utilitarian, Kantian, Virtue Ethics (Aristotelian), and Religious, ethical theories will be discussed respectively in terms of their roles in our choices and the way they shape our behaviors, and it will be determined how effective they are in legal decisions. Finally, in the remaining weeks, the students participating in the course will be expected to analyze the findings that show the guiding role of ethical thinking in concrete court decisions or that contain argumentation away from moral considerations. Thus, students will be able to comprehend the various and complex forms of relationship between ethics and Law, and the ability of students to produce more equitable solutions and reach decisions will be developed.
In this course, the primary legal regulations regarding checks, which are a type of negotiable instruments, will be examined, and subjects such as the concept of a check, issuance of checks, circulation of checks, payment of checks, and consequences of non-payment of checks will be discussed. In addition, legislative studies related to electronic checks will be examined.
This course will discuss general provisions and basic principles regarding trademark law within the framework of the requirements of Industrial Property Law No. 6769. In this context, the definition of the trademark, the signs that can be trademarks, the trademark registration processes, and the relative and absolute grounds for the rejection of trademark applications will be examined. In addition, the relationship between trademark law and unfair competition law will be discussed in the course.
In this course, the issue of remote work, which has been on the agenda recently will be discussed within the framework of the Labor Law, the Turkish Code of Obligations, the Remote Working Regulation, and relevant legislation. In this context, the rights and obligations of the worker and the employer in case of remote working will be examined and the social security rights of the worker in case of remote working will be discussed.
law@ihu.edu.tr