Category: Odious Debts

Renegotiating the odious debt doctrine

(February 1, 2007) Following the United States’ invasion and subsequent occupation of Iraq,1 the U.S. government argued that the successor government in Iraq was not responsible for Iraq’s Saddam-era debt under the purported doctrine of odiousregime debt. This purported doctrine apparently excused—by operation of law—all successor regimes from repaying debts that were incurred by oppressive predecessor regimes.

Scholars convene at top US law school for first-ever conference on odious debt law and economics

(January 24, 2007) Hosted by the journal of Law & Contemporary Problems, in conjunction with the Center for International and Comparative Law, the Global Capital Markets Center and Duke Law School, the Odious Debts and State Corruption symposium will feature a series of interactive roundtable discussions involving 25 leading international scholars and practitioners.

Odious debt wears two faces: Systemic illegitimacy, problems and opportunities in traditional odious debt conceptions in globali

(January 17, 2007) This paper examines the way that the traditional notion of odious debt as a method of repudiating sovereign debt may undergo a conceptual revolution, as it changes focus from the illegitimacy of governments obtaining loans, to the illegitimacy of the systems through which such loans are made and enforced generally.

A critique of the odious debt doctrine

(January 17, 2007) Defenders of the odious debt doctrine, which bars creditors from collecting sovereign debts that financed the personal consumption of former dictators, argue that this rule would benefit populations following dictatorships and discourage would-be dictators from staging coups in the first place. We show that optimism about the doctrine is based on unrealistic assumptions about the motives and practices of dictators. With more realistic assumptions, the odious debt doctrine.

Odious debt wears two faces: Systemic illegitimacy, problems and opportunities in traditional odious debt conceptions in globali

(January 17, 2007) This paper examines the way that the traditional notion of odious debt as a method of repudiating sovereign debt may undergo a conceptual revolution, as it changes focus from the illegitimacy of governments obtaining loans, to the illegitimacy of the systems through which such loans are made and enforced generally.

The Due Diligence Model: A New Approach to the Problem of Odious Debts

(January 3, 2007) Odious debts are debts incurred by a government without either popular
consent or a legitimate public purpose. There is a debate within
academic circles as to whether the successor government to a regime
that incurred odious debts has the right to repudiate repayment. In the
real world, however, repudiation is not currently an option granted
legitimacy by either global capital markets or the legal systems of
creditor states.