Application of Third Country Overriding Mandatory Rules-Analytical Comparison of Swiss, Turkish and EU Law

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Doç. Dr. BELKIS VURAL ÇELENK

Tez Türü: Doktora

Tezin Yürütüldüğü Kurum: Luzern Üniversitesi, Law Faculty, İsviçre

Tez Danışmanı: Prof. Dr. Andreas Furrer / Doç. Dr. Gülüm Özçelik Bayraktar

Tezin Onay Tarihi: 2018

Tezin Dili: İngilizce

Desteklendiği Program: Diğer

Özet:

This dissertation addresses the question of how third country overriding manda tory rules are treated under Swiss, Turkish and EU law and offers an analytical comparison of those three legal systems with regard to their treatment of third country overriding mandatory rules. The dissertation begins by examining the issue of overriding mandatory rules in general. Through conceptual clarification and classification, certain examples of overriding mandatory rules in Turkish and Swiss legal orders and the EU law are analysed. After classification of mandatory rules, the focus shifts to the application of third country overriding mandatory rules. Third country mandatory rules and their difficulties are then examined by analyzing theoretical approaches and potential solutions.