UID:
almafu_9960117490502883
Format:
1 online resource (xvii, 222 pages) :
,
digital, PDF file(s).
ISBN:
1-316-56423-1
,
1-316-56627-7
,
1-316-56661-7
,
1-316-56695-1
,
1-316-56729-X
,
1-316-56865-2
,
1-316-42280-1
Series Statement:
Cambridge studies in international and comparative law ; 125
Content:
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.
Note:
Title from publisher's bibliographic system (viewed on 05 May 2016).
,
Cover ; Half-title page; Series page; Title page; Copyright page; Dedication; Contents; Figures; Acknowledgements; Abbreviations; 1 Introduction; 2 International Law, Sovereign Debt and Odious Debt; 3 The Status of Odious Debts in International Law; 4 The Enforceability of Odious Debts in Domestic Law; 5 Conclusion; Bibliography; Index; I. Key Issues and an Outline of the Book; II. The Law and Policy of External Sovereign Debt: A Primer; I. The Relevance of International Law; II. The Obligation to Repay Sovereign Debts; III. Odious Debt: A Brief Introduction; I. War Debts
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II. Subjugation DebtsIII. Illegal Occupation Debts; IV. Corruption Debts; V. Dispute Settlement and Unilateral Repudiation; VI. Summary and Conclusion on Odious Debts in International Law; I. 'Public Policy' and International Law; II. Lending for an Unlawful Purpose in the Law of Contract; III. Non-Contractual Obligations; IV. Summary and Conclusion on Odious Debts in Domestic Law; I. Some Difficult Questions about the Application and Merit of a Restated Odious Debt Doctrine; II. The Doctrine of Odious Debt: Pious or Possible?; A. Early History: Banks, Gunboats and Reputation
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B. Lending in the Post-War Period: Banks, Brady and BondsC. The Growing Role of the Multilateral System; D. The Bilateral Element; E. Restructuring, Holdouts and Bankruptcy; F. The Difference between Odious and Illegitimate Debt; G. Conclusion; A. State Succession; B. Change of Government; C. Domestic Law of Another State; A. A Brief Legal History of the Doctrine; B. Definitions of Odious Debt; C. Odious Debt in the Vienna Convention; A. Practice and Treaties; B. Opinions of Writers and General Principles of Law; C. Illegal War Debts; A. Opinions of Writers, Treaties and General Principles
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B. Precedents Concerning State SuccessionC. Precedents Concerning Changes of Government; D. Negative Precedents; E. Defining 'Subjugation': Jus Cogens, Human Rights and the High Threshold; A. Opinions of Writers; B. Yugoslavia's Responsibility for World War II Croatian Debts (1956); C. Ethiopia's Responsibility for Italy's Debts (1957); D. Baltic Republics after the Dissolution of the USSR (1991); E. Eritrea's Responsibility for Ethiopia's Debts (1993); F. Namibia's Responsibility for South Africa's Debts (1994); G. Timor-Leste's Responsibility for Indonesian Debts (1999)
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H. Illegal Occupation Debts and Public BenefitA. Conventions and Declarations; B. Opinions of Writers and General Principles of International Law; C. Illustrations; A. Three Types of 'Public Policy'; B. Domestic Public Policy; C. International Public Policy; D. Foreign Sovereigns in Domestic Courts: Act of State and Cognate Doctrines; A. English Law; B. American Law; C. A Note on German Private Law ; A. Unjust Enrichment; B. Good Faith and the Abuse of Rights; C. The Law of Agency and the Fiduciary Obligations of Government; A. The Destabilising Effects of an Odious Debt Doctrine
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B. Creditor Awareness and Dispersed Bondholders
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English
Additional Edition:
ISBN 1-107-12801-3
Additional Edition:
ISBN 1-107-56732-7
Language:
English
URL:
Volltext
(lizenzpflichtig)
URL:
https://doi.org/10.1017/CBO9781316422809
