Share

The Doctrine of Odious Debt in International Law

Download The Doctrine of Odious Debt in International Law PDF Online Free

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

GET EBOOK


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.

The Concept of Odious Debt in Public International Law

Download The Concept of Odious Debt in Public International Law PDF Online Free

Author :
Release : 2007
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

GET EBOOK


Book Synopsis The Concept of Odious Debt in Public International Law by : Robert Howse (jurist)

Download or read book The Concept of Odious Debt in Public International Law written by Robert Howse (jurist). This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'odious debt' regroups a set of equitable considerations that have often been raised in the context of political transitions. This paper explores the grounds of the 'odious debt' concept in international law and points out that obligation to repay debt has never been accepted as absolute, and has been frequently qualified by a range of equitable considerations, some of which may be regrouped under the concept of 'odiousness' Due to the complexity and variety of transitional contexts, there is no single legal forum for the adjudication or settlement of claims of odiousness. Depending on context, such claims might appropriately be raised in bilateral or multilateral negotiations, or they could be adjudicated in domestic litigation. However, invocation of the concept of odious debt in multiple forums risks inconsistent decisions. Thus, the examination of considerations of odiousness by a single special transitional tribunal may be an attractive solution.

The Concept of Odious Debt in Public International Law

Download The Concept of Odious Debt in Public International Law PDF Online Free

Author :
Release : 2007
Genre : Debts, External
Kind : eBook
Book Rating : /5 ( reviews)

GET EBOOK


Book Synopsis The Concept of Odious Debt in Public International Law by : Robert Howse

Download or read book The Concept of Odious Debt in Public International Law written by Robert Howse. This book was released on 2007. Available in PDF, EPUB and Kindle. Book excerpt:

Sovereign Finance and the Poverty of Nations

Download Sovereign Finance and the Poverty of Nations PDF Online Free

Author :
Release : 2012-05-01
Genre : Business & Economics
Kind : eBook
Book Rating : 038/5 ( reviews)

GET EBOOK


Book Synopsis Sovereign Finance and the Poverty of Nations by : Yvonne Wong

Download or read book Sovereign Finance and the Poverty of Nations written by Yvonne Wong. This book was released on 2012-05-01. Available in PDF, EPUB and Kindle. Book excerpt: ''Yvonne Wong''s book is one of the best treatments of the Odious Debt problem in the literature. It is thorough, balanced and yet manages to be creative. I have already used an early version in my International Debt class and the discussions that were generated were excellent. For anyone seeking to tackle this age old problem, I highly recommend this book.'' Mitu Gulati, Duke University, US''With some excellent historical research and important analysis of "odious debt" accumulation and sovereign debt restructuring mechanisms in modern times, this book is placing the issue of "odious debt" at the heart of International law. Thus, it will prove an indispensable companion to any scholar or policy-maker who wishes to gain a multi-prismatic understanding of "odious debt" illegality and its implications for the welfare of entire nations.'' Emilios Avgouleas, University of Edinburgh, UK''Whenever a strict application of the law produces a result that is at variance with a general sense of what is morally right, trouble is surely in the offing. This is the central thesis of Yvonne Wong''s Sovereign Finance and the Poverty of Nations. When is it legally permissible, when is it ethically acceptable, for a sovereign borrower to disavow a debt incurred in the name of the sovereign state, but not for its (or its citizens'') benefit? And if debts incurred by unscrupulous politicians in one era can be disowned by their successors later on under gauzy notions of "illegitimacy" or "odiousness", what will prevent future unscrupulous politicians from casually dishonoring sovereign obligations that they would just prefer not to pay? These are deep waters, legally and morally. Wong has given us a fascinating insight into one of the most disquieting issues in international financial law.'' Lee C. Buchheit, Cleary Gottlieb Steen & Hamilton LLP, US''This book provides a very valuable contribution to the discussion about odious debts in that it, quite successfully, structures the often rather elusive argumentation. By developing a new and stringent approach to the emergence of a valid legal concept of odious debts, the author presents a fresh perspective to its underlying evaluations and allows, thus, a re-consideration of the need for effective rules in this context. This book will certainly influence fundamentally the future debate of odious debts.'' Christoph G. Paulus, Humboldt-Universitat zu Berlin, Germany''Saddam Hussein was overthrown and executed, but his successors to power are still liable for the debts that he contracted for the nation. Odious regimes can create debts without consent or benefit of their citizens who must subsequently repay them. This fact puzzles both international law specialists and intellectuals who read magazines like The Economist. Theresult seems wrong, but the right solution is elusive. Yvonne Wong''s important and timely book solves some of the puzzles by using methods and theories from international law, economics, and political science. It explains the law and politics inherent in sovereign debt arrangements, and proposes a new legal framework for odious debt.'' From the foreword by Robert CooterNational debts incurred by illegitimate regimes against the best interests of the citizens is a serious problem of international economics and politics. These sovereign debts, often referred to as odious debts, deplete the public purse and create an ongoing financial liability that serves to constrain investment and economic growth, and conspires to keep millions in poverty. This important and timely book explains the legal principles and politics involved in the issue of odious debts, and sovereign debt arrangements more generally. The author goes beyond abstract arguments and proposes legal rules and international regulation that should be put in place to create the right incentives to stop the transmission of odious debts. Her proposal is for a registration scheme for sovereign debt, and the imposition of positive duties on financiers who provide loans to sovereign borrowers.Sovereign Finance and the Poverty of Nations will appeal to students, academics, debtactivists, policymakers, international finance practitioners and anyone with a general interest in sovereign finance affairs.

Rethinking Sovereign Debt

Download Rethinking Sovereign Debt PDF Online Free

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

GET EBOOK


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.

You may also like...