Uluslararası tahkim ve egemenlik
Özet
Arbitration at the international level as well as the continued expansion of both the national level tend, therefore, in terms of international arbitration element in bringing about the sovereignty of states, one of three elements of the state "sovereignty" and contrasts with the concept of nation state is eroding deeply.1st paragraph of Article 125'nci Constitution, the amendment made by Act No. 4446 dated 13.8.1999 after the public service concession contracts to resolving disputes arising from recognized national or international arbitration. This change in Turkey's public service requests have been made in the nature of multinational companies who want to make investments.As is known, Sovereignty, in the modern sense of the state is one of the three-item. Jean Bodin, according to the sovereignty, first to declare war and peace, coin money, collect taxes, make laws and judgment. In this case, whether legislative, executive and judicial powers of the sovereignty of the state owned all of them authoritative. A rise from a single sovereignty and sovereign state on behalf of all of them are used. The most important feature of sovereignty that is substantive. Sovereignty that came to him. Sovereignty is not descended from any other power. Another important feature, in our study, inalienable. Today, judges have been transferred to the jurisdiction of judicial power, and hence is accepted. However, jurisdiction, transferred to the judicial power, though, in principle, and thus the trial function of this authority is the authority of a sovereign state, it means that is considered to be under the monopoly; unitary court in a State other than the state courts can not be recognized.Institution of international arbitration is not compatible with the concept of sovereignty of nation states in this regard is very important missions installed observed. Namely, felt the need national jurisdiction need to be strengthened and international arbitration.