Türkiye Barolar Birliği Dergisi 143.Sayı

310 Özel Hukuk Kişilerinin Faaliyetlerinden Dolayı Devletlerin Uluslararası Sorumluluğu: ... koruma hakkı mercek altına alınmıştır. Nihayetinde belli şartların gerçekleşmesi halinde devletlerin özel hukuk kişilerinin özel hukuk faaliyetleri nedeniyle uluslararası sorumluluğunun doğabileceği, mağdur özel hukuk kişisinin, tabiiyeti altında olduğu devletin diplo- matik korumasından yararlanabileceği sonucuna varılmıştır. Anahtar Kelimeler: Siber Faaliyetlerin Hukuki Rejimi, Uzay Faa- liyetlerinin Hukuki Rejimi, Devletlerin Uluslararası Sorumluluğu, Özel Hukuk Kişilerinin Faaliyetlerinin Devlete Atfedilmesi, Diplomatik Ko- ruma Abstract: Our work is made up of the examination on a fictio- nal case got by upon an article of a newspaper. For this reason, we named the work as law storming. The case which is the base of the work is explained in an article which was published on the 9th of May, 2018 in The NewYork Times. According to the news, all of the content of the BeIN company which also conduct activities in our co- untry has been being broadcasted by a channel named beoutQ with the 10 minutes delay. As a result of the examination and operation conducted by the BeIN channel, it was designated that the content of the BeIN Channel has been being hacked by the mentioned Chan- nel. Furthermore, the frequency of beoutQ is supplied by Arabsat of which Saudi Arabia is the main investor. For all of these breaches, BeIN company were not able to submit a legal case to both com- panies. They demanded from Arabsat to end the frequency service beoutQ channel, however they could not receive a result. It was preferred to shape the work by focusing on the fictional case since the case is only based on a news. In the fictional case, it was detected that the broadcasting of the X company located in state A has been being hacked by the company named Y located in state B, and Y’s frequency has been being supplied by the company named Z which is also located in state B. After the detection of the hacking, the company X could not take a step against both countri- es in the domestic legal order of B. At the same time the company X sent a legal notice to the company Z and requested to end the frequency service of Y, however this request was rejected by the company Z. In the fictional case, firstly the legal regimen of cyber activiti- es, space activities, and the obligations and responsibilities of states regarding these activities are examined, then international respon- sibility of states because of the activities of the private persons is discussed. Secondly, because of X company could not claim com- pensation for its losses with its own initiative, the right of diploma- tic protection of A is examined. In the end, it was concluded that international responsibility of state could emanate from the private activities of a private persons in the event of the existence of some conditions, and the victim could enjoy the right of diplomatic pro- tection of his/her state. Keywords: Legal Regime of Cyber Activities, Legal Regime of Space Activities, International Responsibility of States, Attribution of Conduct of Private Persons to State, Diplomatic Protection