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Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights

2024-07-22 Law
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Release : 2024-07-22
Genre : Law
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Book Synopsis Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights by : Muhammad Bello

Download or read book Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights written by Muhammad Bello. This book was released on 2024-07-22. Available in PDF, EPUB and Kindle. Book excerpt: Re-imagining sovereign debt examines the extent to which sovereign debtors’ contractual obligations may be honoured where the socio-economic rights of their citizens face clear danger of non-realisation. It critiques the foundational legal paradigm that influences and shapes the substance of the sovereign debt regime. In doing this, the author employs legal theory to show the inadequacies of the regime in terms of its failure to embrace the dynamism of sovereign debt which he characterises as a debt with a complex mix of public-private elements, hybridity of norms and multiplicity of interests beyond the two-sided creditor-debtor matrix. By locating socio-economic rights in all critical phases of the regime, the author shows that the recurring circles of debt crises are linked to the continuing influence of the private law paradigm. The book offers a fresh perspective to re-imagine sovereign debt using insights from transnational legal theorists and advocates prioritising socio-economic rights considerations in debt contracting, restructuring and adjudication through a more concrete recognition of creditors’ responsibilities. Re-imagining sovereign debt will interest lawyers, policymakers, diplomats, scholars and researchers interested in the law, history and politics of sovereign debt.

Sovereign Debt and Socio-economic Rights Beyond Crisis

2022 Debts, Public
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Release : 2022
Genre : Debts, Public
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Book Rating : 801/5 ( reviews)

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Book Synopsis Sovereign Debt and Socio-economic Rights Beyond Crisis by : Emma Luce Scali

Download or read book Sovereign Debt and Socio-economic Rights Beyond Crisis written by Emma Luce Scali. This book was released on 2022. Available in PDF, EPUB and Kindle. Book excerpt: "Today, when the relationship between sovereign debt and economic and social rights (ESR)1 is mentioned, austerity2 inevitably comes to mind. At least in Europe, austerity materialised, in the aftermath of the 2008 Global Financial Crisis, as a consequence of the Eurozone debt crisis, negatively affecting the realisation of many of the rights enshrined in core international human rights instruments, such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the European Social Charter, and producing what, in hindsight, clearly appears as a permanent restructuring of the welfare systems of several European countries. The attention of human rights scholars, monitoring bodies and civil society has, therefore, largely refocused on the human rights impacts of austerity and economic reform policies3 (and, more recently, on the strains put by the coronavirus disease COVID-19 pandemic on state resources, and the impact of pre-existing debt on the emergency response efforts of several countries),4 after that, in recent decades, it had been mainly directed to issues of debt restructuring,5 debt relief,6 and odious debt"--

Rethinking Sovereign Debt

2014-02-18 Business & Economics
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Release : 2014-02-18
Genre : Business & Economics
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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.

New Voices and New Perspectives in International Economic Law

2019-12-10 Law
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Release : 2019-12-10
Genre : Law
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Book Rating : 121/5 ( reviews)

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Book Synopsis New Voices and New Perspectives in International Economic Law by : John D. Haskell

Download or read book New Voices and New Perspectives in International Economic Law written by John D. Haskell. This book was released on 2019-12-10. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. The book deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance. While the volume still gives due recognition to the traditional theoretical project of international economic law, it invites the reader to extend the scope of disciplinary imagination to other, less commonly acknowledged questions of global economic governance such as food security, monetary unions, and international economic coercion. In addition to historically-focused and critical perspectives, the volume also includes a number of programmatic and forward-looking explorations, which makes it appealing to a broad audience with a variety of contrasting interests. Therefore, the volume is of particular interest to academics and postgraduate students in the fields of international law, international relations, international political economy, and international history.

Realizing the Right to Development

2013 Business & Economics
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Release : 2013
Genre : Business & Economics
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Book Synopsis Realizing the Right to Development by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Realizing the Right to Development written by United Nations. Office of the High Commissioner for Human Rights. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.

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