Books

This work, prepared as a doctoral dissertation, examines the hypothesis of whether digital assets can be protected when they are considered as investments and aims to contribute to the legal debate on the scope of such protection. Using Schwarzenberger's method of legal analysis and Scelle's bio-sociological theory, the study will examine the emergence of the concept of protection of foreigners and their investments in the light of historical developments, and how it has appeared in legal texts, arbitral awards and doctrinal studies. The place and nature of this standard in the hierarchy of international legal sources will be determined. Then, the historical development of the full protection and security standard, the content and scope of the standard through arbitration proceedings and doctrinal studies will be discussed. Finally, in the context of these determinations and examinations, the protection of digital assets as investments and the obligations of the host state will be discussed.

This book, “Cyberspace in the Balance of Freedoms and Security”, explores in depth the complex relationships between users, states and corporations in the balance of security and freedom in the digital world. The book is organized into four main parts, each of which addresses key issues in the field of cybersecurity, surveillance policies, cyber power projection, personal data, and the protection of digital rights and freedoms. 

The first part deals with the historical and legal transformation of surveillance policies and comprehensively analyzes the changing face of surveillance policies and how intelligence activities are supervised in the United States, especially with the impact of Edward Snowden's revelations. In this context, issues such as the role of the NSA and the unchecked use of force are also examined. This chapter lays an important groundwork for understanding the intelligence community's impact on individual freedoms. 

The second chapter examines the relationship between cybersecurity and individual freedoms and threats. Addressing the differences between “reality” and real threats in cyberspace, the chapter discusses how cybersecurity capabilities are used in asymmetric warfare and how the balance between Internet freedom and cybersecurity is struck. Issues such as the transition from the open to the balkanized nature of the Internet and the right to self-defense in the face of cyberattacks reveal the complex nature of cybersecurity and the challenges faced in this area. This chapter also provides an assessment of the legal and political dimensions of cyber power projection and containment efforts. 

The third chapter focuses on data mining and personal data protection. In the light of legal regulations in Turkey, data mining practices and the effects of laws on the protection of personal data are discussed in detail. In this section, legal frameworks for the protection of personal data and legal aspects of data mining are analyzed in the context of data security and privacy rights. The fourth section includes interviews with leading experts on current issues in the field of cybersecurity. These interviews cover topics as diverse as cyberterrorism, combating botnets, cybersecurity standards for companies, and NATO's new strategies against cyberattacks. 

This book assesses current developments and challenges in the field of cybersecurity and data protection from an academic perspective and explores the legal and political dimensions of these areas in depth.

This book, “From Theory to Practice: On the Boundaries of International Law”, provides a comprehensive examination of the complex and ever-changing nature of international law. The book consists of three main chapters, each of which examines the theoretical and practical limits of international law through different themes and events. 

The first part discusses the limits of non-war measures and international law, addressing critical issues such as Turkey's rights over its downed aircraft, the destruction of chemical weapons in Syria, and the prosecution of war crimes. In particular, international military intervention and its legal framework are analyzed in detail through the crises in Syria, revealing the practical applications and limitations of international law. 

The second chapter examines the global dimensions of the struggle for human rights, exploring in depth the impact of international law on individual freedoms and the responsibilities of states. It discusses the protection and promotion of human rights through various examples, such as the human rights violations suffered by Rohingya Muslims, the European Court of Human Rights rulings on Turkey's use of tear gas, and the decisions of the European Court of Human Rights and the Court of Justice of the European Union on socio-economic rights. These analyses provide in-depth information on the obligations of states under international human rights law and the ways in which individuals can protect their rights. 

The third part deals with the dynamic relationship of states with international law and the contemporary issues that arise in this context. It examines the basic principles of international constitutional law, how newly independent states can become members of international organizations and the legal challenges they face in this process. Through current events such as Crimea's secession from Ukraine, Scotland's independence process and the legal implications of the Russia-West conflict, the chapter discusses in detail how international law is applied in inter-state relations and how its limits are tested. In this context, important issues such as the impact of international justice mechanisms on states and the legal nature of the principle of fair and equitable treatment in investment treaties are also addressed. 

This book aims to provide the reader with an in-depth understanding by blending the theoretical framework of international law with practical cases. 

We have witnessed a digital revolution that affects the dynamics of existing traditional social, economic, political and legal systems. This revolution has transformed espionage and its features, such as its purpose and targets, methods and means, and actors and incidents, which paves the way for the emergence of the term cyberespionage. This book seeks to address domestic and international legal tools appropriate to adopt in cases of cyberespionage incidents.　Cyberespionage operations of state or non-state actors are a kind of cyber attack, which violates certain principles of international law but also constitute wrongful acquisition and misappropriation of the data. Therefore, from the use of force to state responsibility, international law offers a wide array of solutions; likewise, domestic regulations through either specialized laws or general principles stipulate civil and criminal remedies against cyberespionage. 

Confronting Cyberespionage Under International Law examines how espionage and its applications have transformed since World War II and how domestic and international legal mechanisms can provide effective legal solutions to this change, hindering the economic development and well-being of individuals, companies and states to the detriment of others. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, legal practitioners, legal advisors and students in the fields of international law, information technology law and intellectual property law.