Unconstitutional Regimes and the Validity of Sovereign Debt: A Legal Perspective

by Michalowski,Sabine

• ISBN13: 9780754647935
• ISBN10: 0754647935
• Format: Hardcover
• Copyright: 2007-06-28
• Publisher: Routledge

Summary

This volume provides a much-needed legal perspective on the topical subject of Developing World debt repayment. The author uses a single debtor country, Argentina, as an example to address global questions relating to this problem.The work assesses the range of complex issues involved in the context of international as well as national law. It also examines the political pressure creditors may apply to make vulnerable countries adapt their economic and other policies in line with their wishes. These raise obvious constitutional issues for the debtor country and pose questions of whether and how the inequality of bargaining power in such situations could influence the validity of any measures taken, whether contractual or legislative. Argentina has been chosen as a case study as it is a large debtor country representative of these sorts of issues.

Table of Contents

Contents

Introduction

Argentina's debt in its historical and political context

The doctrine of odious debts

Redefining the doctrine of odious debts

(Un)constitutionality of debts taken up by unconstitutional regimes

Substantive constitutional limits with regard to sovereign debt

Impact of the unconstitutionality of loans on creditor rights

Conclusion

Bibliography

Index

Table of Contents provided by Publisher. All Rights Reserved.