Currently, in many countries - both in Europe and far beyond - existing insolvency legislation is being improved. These changes are often nurtured by the wish to prevent liquidation of companies as... Show moreCurrently, in many countries - both in Europe and far beyond - existing insolvency legislation is being improved. These changes are often nurtured by the wish to prevent liquidation of companies as much as possible. Legislation aimed at deferment or remission of payment is introduced or relaxed in order to give companies a chance to become viable again. A more efficient possibility - in the form of an informal reorganisation - seems to be often overlooked by the legislators. This phenomenon of Restructuring in the shadow of the law - during which a company, in cooperation with its direct interested parties, makes an attempt at reorganisation outside the legal frameworks - takes centre stage in this study. Relatively little is known about informal reorganisations. This can be explained by the fact that they often take place away from the public domain. By means of literary search, interviews, surveys and 35 case studies - carried out at so-called Intensive Care Departments of banks and at consultancy agencies - this book provides an insight into the practice of these rescue operations. It discusses causes of financial difficulties and measures which are taken within the framework of strategic and operational business and financial restructuring. Furthermore, it exposes bottlenecks and distinguishes success and failure factors. It also discusses international developments in the field of Voluntary rescue frameworks. It argues that considerable value can be created when companies reorganise in an informal manner. In order to remove bottlenecks in practice and to stimulate informal reorganisations, codes of conduct must be introduced - in the Netherlands at least - and mediation during informal reorganisations must be institutionalised. Relevant ideas are worked out (in greater detail) on the basis of the study results. Although it is based on the situation in the Netherlands, this study could be of interest to a large group of interested parties in international practice. Not only those involved with the daily prevention and solving of financial problems, but particularly also those who - intentionally or unintentionally - have been or are at times confronted with a deteriorated state of affairs in companies will find information of their interest. They may include accountants, auditors, management consultants, lawyers, politicians, civil servants, bankers, managers and entrepreneurs. Place of business hardly plays a role in this respect: after all, the laws of business economics are universal. Show less
In a time of terrorist attacks and other crises, governments are faced with the question how to protect the population and the national security. Many states tend to use instruments and take... Show moreIn a time of terrorist attacks and other crises, governments are faced with the question how to protect the population and the national security. Many states tend to use instruments and take measures that infringe upon human rights and individual freedoms in order to protect national security. At the same time, UN Security Council resolutions stress that the 'fight against tarrorism' should take place within the borders set by the rule of law, by international human rights treaties and international humanitarian law. Next to that, international human rights contain a certain 'positive obligation' for states to adequately protect national security and the right to life of the population against terrorist attacks. Therefore, there is a tense and also complicated relation between human rights and national security. The question arises whether there is a way to secure that human rights and national security are compatible entities. This study analyses the relevant articles from human rights treaties and the jurisprudence of international monitoring organs (European Court of Human Rights/UN Human Rights Committee) in order to find out whether international law leaves room for states to limit or even derogate human rights in states of emergency or other situations that threaten national security. The study shows that international law indeed does leave some room, but only limited. In very serious crises that amount to a public emergency threatening the life of the nation, states may derogate from the ordinary level of human right protection, but even during such serious crisis situations there is no 'carte blanche' for states to take any measures they deem necessary. Certain human rights are given absolute protection, even in crisis situations, and emergency measures that interfere with non-absolute human rights should pass a test of strict necessity and proportionality. In this field new norms and concepts have been developed during the last decades. It is, however, clear that the international monitoring of human rights protection during states of emergency and other severe crises needs improvement. Show less
How does crime develop over the life course? And how do age, life circumstances, and prior offending affect this development? This thesis seeks to answer these two questions that are central to... Show moreHow does crime develop over the life course? And how do age, life circumstances, and prior offending affect this development? This thesis seeks to answer these two questions that are central to present day developmental and life course criminology. The research presented is based on the Criminal Career and Life course Study (CCLS), a longitudinal study covering the criminal careers of over 5,000 offenders from early adolescence to late adulthood. Employing a range of statistical techniques especially designed for analyzing longitudinal data, this research gives insight in issues such as the reality of life course persistent offenders, the influence of marriage and parenthood on offending, and the role of prior offending in generating stability and change in offending over time. Show less
