This book contains the four reports (preadviezen) presented at the 2019 NACIIL annual meeting on ‘Distressed debt trading: brave new EU legal rules in relation to bold new strategies’. It is easy to be critical of distressed debt investors and the practice of acquiring debt at a discount and subsequently making a profit. On the other hand, distressed debt investors provide a relatively easy and quick way out for non-professional and

professional creditors alike. Curbing the rights of dist...

The limitations of the present investigation impose to restrict the analysis to the trial system of the International Court of Justice (ICJ), as it is not possible to examine in depth the problem of the position of the third state. The present study intends to contribute to the reconstruction of the structural features of the intervention as not party, as foreseen by articles 62 and 63, of the International Court of Justice (ICJ) Statute. The first part of this survey is dedicated to a genera...

Although the idea of arbitral tribunal’s mandate is in everyday use in the international arbitration scholarship, it remains an elusive concept lacking any legal definition. Often associated with other notions such as the tribunal’s mission, powers, authority or even jurisdiction, the meaning of arbitral tribunal’s mandate remains a moving target and escapes easy classification.

Yet, perhaps somewhat surprisingly, a non-compliance with the arbitral tribunal’s mandate provides a basis ...

Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What ...

Technological developments have impacted both libraries and copyright law for decades, though not at the same pace. Whereas libraries are increasingly unlocking their collections digitally, copyright law still seems to adhere to a traditional perception of brick-and-mortar libraries. Consequently, the question arises whether copyright law, as a system of exclusive rights and exceptions, offers suffi cient space for current library practice in an era of information overload.

Therefore, this bo...

This compilation consists of key cases and materials in the area of public international law, selected by the Department of International and European Union law of the Erasmus University Rotterdam to use in their bachelor education. Core areas of importance covered by this compilation are the law of treaties, state responsibility, the use of force, international criminal law, human rights law, law of immunities, international economic law, and dispute settlement.

What makes this book unique i...

The present survey aims to explore the role of state practice in the context of modern international law. Not only is the process of interpretation giving concrete content to the conventional disposition, but a practice in the implementation of the treaty that go beyond the boundaries of the same, modifying it and therefore (re) acquiring a "normative" relief in the proper sense. Work on the formation of customs, on the other hand, starts in 2012 on the basis of the work of Special Rapporteur...

The absence of the accused in criminal proceedings leading to a conviction causes many legal and practical questions when an European Arrest Warrant is issued to execute such an in absentia judgment. Whereas some Member States see no problem in allowing trials without the accused, other Member States have serious objections to it. These different standards create many problems in practice and necessitate the executing judicial authority to request supplementary information

from the issuing ju...