Sovereign Debt And Human Rights


Sovereign Debt And Human Rights
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Sovereign Debt And Human Rights


Sovereign Debt And Human Rights
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Author : Ilias Bantekas
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-01-15

Sovereign Debt And Human Rights written by Ilias Bantekas and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-15 with Law categories.


Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out thehistorical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt.They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.



Sovereign Debt And Socio Economic Rights Beyond Crisis


Sovereign Debt And Socio Economic Rights Beyond Crisis
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Author : Emma Luce Scali
language : en
Publisher: Cambridge University Press
Release Date : 2022-02-24

Sovereign Debt And Socio Economic Rights Beyond Crisis written by Emma Luce Scali and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.


Argues that the 'neoliberalisation' of international and EU law has been advanced in the wake of the Eurozone debt crisis.



Sovereign Debt And Human Rights


Sovereign Debt And Human Rights
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Author : ILIAS. LUMINA BANTEKAS (CEPHAS.)
language : en
Publisher:
Release Date : 2018

Sovereign Debt And Human Rights written by ILIAS. LUMINA BANTEKAS (CEPHAS.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.




Making Sovereign Financing And Human Rights Work


Making Sovereign Financing And Human Rights Work
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Author : Juan Pablo Bohoslavsky
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01

Making Sovereign Financing And Human Rights Work written by Juan Pablo Bohoslavsky and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.


Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations.



Sovereign Debt Crises


Sovereign Debt Crises
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Author : Juan Pablo Bohoslavsky
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-02

Sovereign Debt Crises written by Juan Pablo Bohoslavsky and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-02 with Business & Economics categories.


Contributes to a better understanding of the policy, economic, and legal options of countries struggling with debt problems.



La Dette Ext Rieure


La Dette Ext Rieure
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Author : ... Carreau-Shaw
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1995

La Dette Ext Rieure written by ... Carreau-Shaw and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Political Science categories.


The practical importance of the subject of 'The External Debt' in contemporary international life goes without saying. On the analytical level, the interest and indeed the difficulty of the subject lies in the need for a multidisciplinary approach, where political, financial and legal aspects are closely linked and require a clear understanding. From the purely legal point of view, the traditional and largely artificial boundaries between private and public law, between private international law and public international law and even, more generally, between municipal and international law are clearly marked here. In this respect any analyst has to be a complete jurist, and this collection of essays (in English and French) is an illustration of this fact.



Sovereign Debt At The Crossroads


Sovereign Debt At The Crossroads
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Author : Adjunct Professor at School of International and Public Affairs Chris Jochnick
language : en
Publisher: Oxford University Press on Demand
Release Date : 2006-04-13

Sovereign Debt At The Crossroads written by Adjunct Professor at School of International and Public Affairs Chris Jochnick and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-13 with Business & Economics categories.


This is a comprehensive overview of the problems associated with Third World debt and describes new and practical approaches to overcoming them. As contributions come from leading thinkers across a range of disciplines, the text offers a timely guide for understanding and influencing the debt debate.



Sovereign Debt Restructuring And The Law


Sovereign Debt Restructuring And The Law
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Author : Sebastian Grund
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30

Sovereign Debt Restructuring And The Law written by Sebastian Grund and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.


The book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals. Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in history: the Argentine restructurings of 2005 and 2010 and the 2012 Greek private sector involvement. By reviewing numerous lawsuits and arbitral proceedings initiated against Argentina and Greece across a dozen different jurisdictions, it distils the organizing principles for ongoing and future cases of sovereign debt restructuring and litigation. It highlights the different approaches judges and arbitrators have adopted when dealing with holdout creditors, ranging from the denial of their contractual right to repayment on human rights grounds to leveraging the international financial infrastructure to coerce governments into meeting holdouts’ demands. To this end, it zooms in on the role the governing law plays in sovereign debt restructurings, revisits the contemporary view on sovereign immunity from suit and enforcement in the international debt context, and examines how creditor rights are balanced with the sovereign’s interest in achieving debt sustainability. Finally, it advances a new genealogy of holdouts, distinguishing between official and private sector holdouts and discussing how the proliferation of new types of uncooperative creditors may affect the sovereign debt architecture going forward. While the book is aimed at practitioners and scholars dealing with sovereign debt and its restructuring, it should also provide the general reader with the understanding of the key legal issues facing countries in debt distress. Moreover, by weaving economic, financial, and political considerations into its analysis of holdout creditor litigation and arbitration, the book also speaks to policymakers without a legal background engaged in the field of international finance and economics.



Covid 19 And Sovereign Debt The Case Of Sadc


Covid 19 And Sovereign Debt The Case Of Sadc
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Author : Daniel D. Bradlow
language : en
Publisher: Pretoria University Law Press
Release Date : 2022-02-23

Covid 19 And Sovereign Debt The Case Of Sadc written by Daniel D. Bradlow and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-23 with Law categories.


This multi-disciplinary publication focuses on the issue of African sovereign debt management and renegotiation/ restructuring, with a particular concentration on the countries that are members of the Southern Africa Development Community (SADC). It contains a series of essays that were initially presented in several workshops held at the height of the pandemic, in 2020. These essays seek to both understand the debt challenges facing these countries and to offer some policy-oriented suggestions on how they can more effectively address these. They include contributions by global and regional scholars who are seasoned experts and newer researchers and discuss the complexities on debt management and restructuring within the context of the global COVID-19 pandemic. In particular, this presented an opportunity for junior researchers from the region to contribute to international discussions on a topic in which the views of young Africans are not heard as often or as clearly as they should be, especially given the importance of the topic to Africa and its future. Further, this book is expected to stimulate debate among academics, activists, policy makers and practitioners on how SADC should manage its debt.



Too Little Too Late


Too Little Too Late
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Author : Martin Guzman
language : en
Publisher: Columbia University Press
Release Date : 2016-05-10

Too Little Too Late written by Martin Guzman and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-10 with Business & Economics categories.


The current approach to resolving sovereign debt crises does not work: sovereign debt restructurings come too late and address too little. Though unresolved debt crises impose enormous costs on societies, many recent restructurings have not been deep enough to provide the conditions for economic recovery (as illustrated by the Greek debt restructuring of 2012). And if the debtor decides not to accept the terms demanded by the creditors, finalizing a restructuring can be slowed by legal challenges (as illustrated by the recent case of Argentina, deemed as "the trial of the century"). A fresh start for distressed debtors is a basic principle of a well-functioning market economy, yet there is no international bankruptcy framework for sovereign debts. While this problem is not new, the United Nations and the global community are now willing to do something about it. Providing guidance for those who intend to take up reform, this book assesses the relative merits of various debt-restructuring proposals, especially in relation to the main deficiencies of the current nonsystem. With contributions by leading academics and practitioners, Too Little, Too Late reflects the overwhelming consensus among specialists on the need to find workable solutions.