Tuna, Mustafa Oğuz

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Organizasyon Birimleri

Organizasyon Birimi
Hukuk Fakültesi, Hukuk Bölümü
İbn Haldun Üniversitesi Hukuk Fakültesi, hukuk ve adalet bilincinin toplumda yaygınlaşmasına hizmet edebilecek, ulusal ve uluslararası hukuk alanında yaşanan gelişmeleri yorumlayıp değerlendirebilecek, fikrî bağımsızlığa sahip, çokdilli, küresel rekabet ortamında başarı sağlayabilecek ve Türkiye'yi uluslararası alanda temsil edebilecek hukukçular yetiştirmeyi hedeflemektedir.

Adı Soyadı

Mustafa Oğuz Tuna

İlgi Alanları

Uluslararası Hukuk, Enerji Hukuku, Yatırım Hukuku

Kurumdaki Durumu

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Listeleniyor 1 - 2 / 2
  • Yayın
    Alternative dispute resolution in energy industries
    (Routledge, 2022) Tuna, Mustafa Oğuz; Hukuk Fakültesi, Hukuk Bölümü
    The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.
  • Yayın
    What's wrong with mediation?
    (Türkiye Adalet Akademisi, 2024) Tuna, Mustafa Oğuz; Hukuk Fakültesi, Hukuk Bölümü
    Mediation is one of the oldest dispute resolution mechanism. Throughout history, the practice of mediation was not the greatest or higher than its counterparts. Despite always being on the table, it was not preferred because either it is found as a useless attempt or most of the time perceived as a waste of time. Due to its voluntary and non-binding nature, it is always deemed wide open to abuse when there is bad faith. This article right here presents the assessment of the advantages and disadvantages of mediation at the international dispute resolution platforms. There are certain reasons of mediation that encourage parties to perform mediation while at the same time there are particular weaknesses which lead parties towards more secured methods of dispute resolution when it comes to their interests. At the international level, it was also asked in this article whether a Singapore-like Convention might suit the investment disputes considering the positive and negative features of mediation. Suggestions were made as to what extent the mediation should stay loyal to its characteristics and on what occasions the practice could leave being conservative via hybrid means of settling agreements.