Faculty of Law

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    Perils of the seas and inherent vice in marine insurance law
    (Taylor & Francis, 2020) Uçar, Ayça; UÇAR, Ayça
    The Supreme Court ruling in Global Process System Inc. v Syarikat Takaful Malaysia Berhad (The Cendor MOPU) created a shock wave in the London marine insurance market, as the Supreme Court decision changed the boundaries of doctrine with respect to the meaning of ‘perils of the sea’ and ‘inherent vice’. Both phrases play an important role in the insurance market, affecting both assureds and insurers and their respective interests under all classes of marine insurance policies. This book reviews the origin of the clauses ‘perils of the sea’ and ‘inherent vice’ by tracing back through the early cases in order to understand the origin and noting how and why the changes occurred. It will examine how the law has been developed in the recent cases and discuss whether the Supreme Court case The Cendor MOPU has overruled the previous cases in terms of the clauses ‘inherent vice’ and ‘perils of the sea’. Considering the impact of The Cendor MOPU decision with respect to the Marine Insurance Act 1906, as well as the standard Institute Cargo Clauses, it evaluates whether the decision is consistent with these things and discusses the effect of the decision on recent cases and on the insurance market.
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    Understanding the 21st century's specific Eurasian regional security and energy security parameters in the Turkish-American relationship: A case study on South Caucasus and Central Asia
    (Peter Lang AG, 2020-07-15) Kısacık, Sina; KISACIK, Sina
    Eurasia has been of great importance for many centuries due to its possession of strategic trade routes and energy resources. Within this context, several states within this region, as well as outside powers, have been placing unique significance to this region in their foreign policy considerations for many decades. Countries that have been placed in South Caucasia and Central Asia were ruled by Soviets until 1991 and then gained their independence following the dissolution of the Soviet Empire. After gaining independence, these states have become more important actors in global politics due to their strategic positioning in Eurasia, reemergence of frozen conflicts between them, and most importantly, the possession of huge hydrocarbon resources in this region. In that sense, Turkey, having close political, economic, cultural, and religious links with Azerbaijan, Georgia, and all Turkic speaking-Central Asian states, has been following a multi-dimensional foreign policy towards this region. The United States (U.S.) on the other hand, as the world's only superpower left, has also been attaching special importance and following multi-dimensional strategies towards South Caucasia and Central Asia within the context of its "Wider Eurasian Strategy". In addition, both Ankara and Washington pursue these multi-dimensional foreign, security, and energy policies by considering the Russian Federation's foreign, security, and energy policy priorities, since Russia is still the dominant power in the region.