AVIATION LAW ISSUES IN TURKEY
Attorney At Law
1. TURKISH LAW
Today’s judicial system and laws of the Republic of Turkey are modern and mostly based on western legal principles and Turkish lawmakers have been still amending the existing codes and enacting new regulations in compliance with the requirements of contemporary and global economy, technology and industry as well as to provide the quiet enjoyment of the fundamental rights of individuals and people . Mustafa Kemal Atatürk, founder of the Republic of Turkey made reforms which put Turkey on a modern and westernized way of life and established the characteristics of modern Turkish Republic as democratic, republican, secular and social state. As Ataturk wanted to have a western legal system in Turkey and to change the former shariah law in order to have his reforms changing the society in a fast track, they decided to adopt the laws of western countries which would suit Turkey best and to have the self improvement of legal structure according to the needs and matters to be encountered by the time. Therefore Parliament of the Republic of Turkey accepted codes of some European Countries, like Swiss Civil and Obligations Code, Italian Criminal Code, Neuchatel Canton’s Civil Procedure Law, French Administrative Law and system in 1920ies. Later Turkish Commercial Code was drafted by a commission of jurists led by the famous German jurist Prof.Dr.Ernst Hirsch in 1950ies while he was teaching law at the universities in Turkey and acting as a core adviser to Ministry of Justice. Needless to say, necessary amendments were done during the implementation of the new legal system and finally Turkey’s own new Civil Law came into force in 2002; criminal code , criminal procedure code and others followed while new drafts of Commercial Code, Obligations Code , Civil Procedure Code are in parliament and expected to be passed in 2010. Today at this seminar, our main specific area is air law. Therefore I must also say that Turkey’s aviation law is inevitably in compliance with most of the international conventions and protocols regulating international civil aviation. Turkey is a party to Chicago Convention “International Civil Aviation Convention” and ratified it in on 05 June 1945, to 1963 Tokyo Convention, Montreal Convention, Warsaw Convention, Hague Protocol, 1975 Montreal Protocol and 1999 Montreal Convention which have been ratified by Turkey. 1999 Montreal Convention has not been effective yet as the deposition of ratification instrument proceedings have not been finalized and proceedings are pending.
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