ILI and TKYD Establish "ILI Istanbul" Serving Turkey and the Region in the Rule of Law - COMMENTARY

PROF. DR. TURGUT TARHANLI - ISTANBUL BILGI UNIVERSITY, DEAN OF FACULTY OF LAW

The international program on "Governance and Anti-Corruption Methods" has been realized between the 18th and 22nd of June 2012 in Bilgi University Santral Campus under organization and management of TKYD, with academic support of International Law Institute (ILI) and being hosted and academically supported by Bilgi University Faculty of Law.

Concepts such as corporate governance, anti-corruption and transparency have meanings beyond being only focused on "business or business management". In the context of business world, the importance of these concepts can be explained by considering that the issue has a function and a meaning at micro and macro levels.

It is a reality that enterprises became subject of an undertaking about protection of rights in the light of due diligence at human rights and within the extent of guiding principles of business and human rights developed in the last ten years within the United Nations. A management style within the context of the concepts I mentioned above gained an expected, measured, monitored and criticizable character. On the other hand, within an evaluation at macro level, the existence of these concepts and institutions founded based on them provide equivalent measures with having a democratic society and political order. This is because within the relations built and developed in an order in which these concepts are influential, the main object of protection is the understanding which does not allow these relations to be determined and identified only by "power".  Because of that, pluralism in accordance with democracy, diversity, competition and superiority of the qualified are made possible within the relations of society-state or individual-administration or individual-individual.

This program which has been started and will apparently be turned into a series of programs by TKYD, ILI and Bilgi Law Faculty, is a hopeful beginning not only for Turkey, but also neighbor countries of Turkey it reaches.

BİLGE CANKOREL - RETIRED AMBASSADOR, EX-PRESIDENT OF OSCE'S BAKU OFFICE

The major obstacle for societies' progress in our times is corporate governance problems and accordingly, the issue of corruption. In fact, while placing these problems into a wider table which contains conditions of a "state of law", it is not possible to consider them independent of primary and essential issues such as free and just elections, active opposition, checks and balances, judicial independence, rights of people, freedom of press and expression, ethics of parliamentary and government executives which are indispensable elements of democratic regimes. That deviations from conditions of being a state of law enrich minor groups of rulers and impoverish major public sections, prevent free competition, discourage private enterprises and investments is a reality known by everybody. I believe that science and civil society organizations carry a major responsibility in fighting against these problems and in raising awareness in the societies and guiding them. Since in today's society, "economic security" has become a part of the definition of "security of nations", international official organizations play an extraordinarily effective role in guidance and control. The priority given by these organizations to regional works becomes more important because of this.

From this point of view, I think the international symposium organized between the 18th and 22nd of June 2012 by ILI, Corporate Governance Association of Turkey and Bilgi University is highly valuable and I congratulate its undertakers because of the important social duty fulfilled by them.

ASSOCIATE PROFESSOR GÜL OKUTAN NILSSON - ISTANBUL BILGI UNIVERSITY 

Recent adjustments in the new Turkish Commercial Code brought important changes. For example, due to the latest changes on independent audit, only some companies will be subject to independent audit. Since the auditor institution in the previous law has been abolished, a group of companies will not be audited. However audit is an important part of corporate governance, because it is the guarantee of accountability. The lack of audit may create problems for the minority shareholders. Transaction audit has been abolished. This means that processes such as mergers and splits will not be audited. Clauses about transparency have been considerably limited, as well. The new Turkish Commercial Code had been prepared on a very consistent line and had taken a series of measures concerning a more trustable corporate governance, concerning especially transparency, accounting and audit rules. Interventions on the new Code have weakened efforts to protect the company's assets and rights of minority shareholders. However it must be realized that the stronger the companies are, the stronger the country will be. We will see the results to be created by these changes in the future together.

OYA ÖZARSLAN - TRANSPARENCY ASSOCIATION OF TURKEY - CHAIRWOMAN OF BOARD

I think that the content of the program is quite encompassing and an efficient work especially in  raising the awareness of the business community. When we look at the topics; it becomes obvious that it is a program which encompasses a wide field such as UN Convention, Turkish Commercial Code, bribery abroad or UK Bribery Act which has recently gained on importance. This period in which Turkey has become the World's 17th biggest economy creates in fact a critical point. Turkey will either free itself from old habits by educating and developing itself and saving itself from the culture of secrecy with its business world and public officials, or it will continue its old habits. To move within principles of transparency, accountability and honesty is required in order to be at the level of developed countries. Continuing old habits will create an obstacle for development. In case we cannot develop ourselves within the principles mentioned above, we cannot call it development even if we experience a growth in economic sense.

ÜMİT HERGÜNER - HERGÜNER BİLGEN ÖZEKE ATTORNEY PARTNERSHIP, SENIOR PARTNER &  TKYD MEMBER OF ADVISORY BOARD

We have realized the "Governance and Anti-Corruption Methods" program we have brought into being under cooperation of Georgetown University International Law Institute and Bilgi University, in the Santral Campus of Bilgi University. Within the program, anti-corruption methods and the role of governance have been discussed in detail by participants of the Turkish business world. I congratulate the participants and their institutions due to their initiative to acquire a deeper knowledge on such an issue.

While our speakers from the USA have transmitted the international standards and works conducted by various organizations about anti-corruption, our Turkish speakers have shared developments concerning Turkey. Dr. Stuart C. Gilman, Julia Paschal Davis, Retired Ambassador Bilge Cankorel, Associate Professor Gül Okutan Nilsson, Atty. Oya Özarslan and Atty. Kayra Üçer have participated as speakers to the five-day program. It made us especially glad that participants from countries in the region were also interested in the program.

We, as TKYD, have been working in order to realize high-level education programs which are organized in many countries of the world, also in our country. I am glad to see that these works are resulted in this manner and I want to share with you the good news that we will realize new education programs on different titles with our esteemed partners.