1st Edition

Unconstitutional Regimes and the Validity of Sovereign Debt
A Legal Perspective

ISBN 9781138264564
Published November 14, 2016 by Routledge
236 Pages

USD $59.95

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Book Description

Sabine Michalowski's work provides a much-needed legal perspective on the topical subject of Developing World debt repayment. The volume incorporates 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 further 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 because as a large debtor country, it represents 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.

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Sabine Michalowski is Senior Lecturer in Law at the University of Essex, UK. Her research interests are in Health Care Law, and she has published widely in these areas.