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Odious Debt.

Halil Rahman Basaran1

  • 1Istanbul Sabahattin Zaim University, Istanbul, Turkey.

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|March 14, 2023
PubMed
Summary
This summary is machine-generated.

Public international law largely excludes sovereign debt, revealing its weakness in addressing odious debt. Disputes over external sovereign debt are typically handled by national laws and courts, not international bodies.

Keywords:
External sovereign debtGovernment debtInternational arbitrationInternational loansMoraineNational debtOdious debt

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Area of Science:

  • Public international law
  • Sovereign debt
  • International financial law

Background:

  • Public international law currently does not encompass external sovereign debt.
  • The concept of 'odious debt,' also termed 'illegitimate debt,' highlights the limitations of international law in this domain.
  • External sovereign debt matters are predominantly managed at the national level.

Purpose of the Study:

  • To analyze the scope of public international law concerning external sovereign debt.
  • To examine the challenges and weaknesses in international legal frameworks for sovereign debt.
  • To investigate the role of national legal systems in adjudicating external sovereign debt disputes.

Main Methods:

  • Literature review of public international law principles.
  • Analysis of case law and legal scholarship on sovereign debt.
  • Examination of the political and ad hoc nature of international debt relations.

Main Results:

  • Public international law's exclusion of external sovereign debt is a significant weakness.
  • Odious debt is primarily influenced by political considerations rather than established international legal norms.
  • National laws and courts, particularly in financial centers, are the primary venues for resolving external sovereign debt disputes.

Conclusions:

  • International law's framework is inadequate for addressing external sovereign debt effectively.
  • The resolution of sovereign debt issues, including odious debt, remains largely outside the purview of international adjudication.
  • There is a need to explore mechanisms for better international legal engagement with sovereign debt issues.