Tag: Jonathan Shafter

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.

Applying the Odious Debts Doctrine while Preserving Legitimate Lending

(December 1, 2005) Odious debts are debts incurred by the government of a nation without either popular consent or a legitimate public purpose. While there is some debate within academic circles as to whether the successor government to a regime which incurred odious debts has the right to repudiate repayment, in the real world this is not an option currently granted legitimacy either by global capital markets or the legal systems of creditor states.