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Odious debt and jus post bellum

Gallen, James orcid logoORCID: 0000-0002-1145-9680 (2015) Odious debt and jus post bellum. The Journal of World Investment & Trade, 16 (4). pp. 666-694. ISSN 1660-7112

Abstract
Odious debt concerns the repudiation and cancellation of debt accrued by a State for ‘odious’ purposes. This article argues that odious debt can play a role in jus post bellum in lessening the financial burden placed on States who experience conflict and generate a clear standard for investors who seek to enforce a State’s obligations to repay its debts and other financial obligations after conflict. This article highlights several challenges inhibiting the translation of the proposal of odious debt into an international legal principle. It offers a conception of odious debt that seeks to resolve these challenges by aligning with other areas of public international law which operate concurrently. This article considers how international human rights law could give clear meaning to the contested term ‘odious’,
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:odious debt; equity; human rights and business
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Koninklijke Brill
Official URL:https://dx.doi.org/10.1163/22119000-01604005
Copyright Information:© 2015 Koninklijke Brill
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:26744
Deposited On:06 Apr 2023 12:17 by James Gallen . Last Modified 06 Apr 2023 12:22
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