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The Doctrine of Odious Debt in International Law

2016-05-26 Business & Economics
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Release : 2016-05-26
Genre : Business & Economics
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Book Rating : 013/5 ( reviews)

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Book Synopsis The Doctrine of Odious Debt in International Law by : Jeff King

Download or read book The Doctrine of Odious Debt in International Law written by Jeff King. This book was released on 2016-05-26. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines how odious debts are not legally binding under international or domestic law, contrary to widely held legal opinion.

The Doctrine of Odious Debt in International Law

2016-05-26 Law
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Release : 2016-05-26
Genre : Law
Kind : eBook
Book Rating : 254/5 ( reviews)

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Book Synopsis The Doctrine of Odious Debt in International Law by : Jeff King

Download or read book The Doctrine of Odious Debt in International Law written by Jeff King. This book was released on 2016-05-26. Available in PDF, EPUB and Kindle. Book excerpt: According to the doctrine of odious debt, loans which are knowingly provided to subjugate or defraud the population of a debtor state are not legally binding against that state under international law. Breaking with widespread scepticism, this groundbreaking book reaffirms the original doctrine through a meticulous and definitive examination of state practice and legal history. It restates the doctrine by introducing a new classification of odious debts and defines 'odiousness' by reference to the current, much more determinate and litigated framework of existing public international law. Acknowledging that much of sovereign debt is now governed by the private law of New York and England, Jeff King explores how 'odious debts' in international law should also be regarded as contrary to public policy in private law. This book is essential reading for practising lawyers, scholars, and development and human rights workers.

Rethinking Sovereign Debt

2014-02-18 Business & Economics
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Release : 2014-02-18
Genre : Business & Economics
Kind : eBook
Book Rating : 405/5 ( reviews)

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Book Synopsis Rethinking Sovereign Debt by : Odette Lienau

Download or read book Rethinking Sovereign Debt written by Odette Lienau. This book was released on 2014-02-18. Available in PDF, EPUB and Kindle. Book excerpt: Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.

The Debt System

2019-04-23 Business & Economics
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Release : 2019-04-23
Genre : Business & Economics
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Book Rating : 169/5 ( reviews)

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Book Synopsis The Debt System by : Éric Toussaint

Download or read book The Debt System written by Éric Toussaint. This book was released on 2019-04-23. Available in PDF, EPUB and Kindle. Book excerpt: “A compelling explanation of the deep-seated mechanisms at work in the international credit system” from the coauthor of Debt, the IMF, and the World Bank (Counterfire). For as long as there have been rich nations and poor nations, debt has been a powerful force for maintaining the unequal relations between them. Treated as sacrosanct, immutable, and eternally binding, it has become the yoke of choice for imperial powers in the post-colonial world to enforce their subservience over the global south. In this ground-breaking history, renowned economist Éric Toussaint argues for a radical reversal of this balance of accounts through the repudiation of sovereign debt. “Since 2008 CADTM has campaigned for ‘a new doctrine of illegitimate, illegal, odious, and unsustainable debt’ cancellation. This doctrine includes considerations of whether the debtor state is democratic, whether it respects human rights, whether the debt is incurred within the framework of ‘structural adjustments’ (enforced austerity), and includes all debts incurred to pay back previous odious debts. On grounds of global social justice, The Debt System makes a strong case for this new doctrine.” —Against the Current “This work has much to commend it; it provides detailed analyses of the impact of indebtedness in several nations . . . The author shows that, contrary to orthodox arguments, debt repudiation can be both justified and successfully carried out. I recommend the book wholeheartedly.” —Counterfire

Sovereign Debt Diplomacies

2021 Business & Economics
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Release : 2021
Genre : Business & Economics
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Book Rating : 356/5 ( reviews)

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Book Synopsis Sovereign Debt Diplomacies by : Pierre Penet

Download or read book Sovereign Debt Diplomacies written by Pierre Penet. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Sovereign Debt Diplomacies aims to revisit the meaning of sovereign debt in relation to colonial history and postcolonial developments. It offers three main contributions. The first contribution is historical. The volume historicises a research field that has so far focused primarily on the post-1980 years. A focus on colonial debt from the 19th century building of colonial empires to the decolonisation era in the 1960s-70s fills an important gap in recent debt historiographies. Economic historians have engaged with colonialism only reluctantly or en passant, giving credence to the idea that colonialism is not a development that deserves to be treated on its own. This has led to suboptimal developments in recent scholarship. The second contribution adds a 'law and society' dimension to studies of debt. The analytical payoff of the exercise is to capture the current developments and functional limits of debt contracting and adjudication in relation to the long-term political and sociological dynamics of sovereignty. Finally, Sovereign Debt Diplomacies imports insights from, and contributes to the body of research currently developed in the Humanities under the label 'colonial and postcolonial studies'. The emphasis on 'history from below' and focus on 'subaltern agency' usefully complement the traditional elite-perspective on financial imperialism favoured by the British school of empire history.

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