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The authors examine how the international trading system can be reformed to support efforts by poor countries to promote the well-being of their peoples.
In this new book, Hayk Kupelyants examines sovereign debt litigation before the English and New York courts. The book sets out parties' litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the state and its assets in the post-judgment phase. This is a systematic explanation and critical evaluation of a difficult area of law, with regard to the current state of the law and key provisions of sovereign bond documents.
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
The recent economic collapse in Argentina and financial crisis in Turkey, and the persistent unsustainable debt burdens of many developing countries highlight the practically urgent problem of excessive indebtedness. High debt levels can limit a sovereign government’s capacity to provide social services necessary for the well-being of its citizens, and divert resources and energy from the pursuit of long-term development strategies. In this book, philosophers, theologians, lawyers and economists examine questions related to how to deal fairly with the over-indebted governments of developing countries. These questions include: How do you balance obligations to repay a debt with potentially worsening poverty in the debtor country? Should creditors be held accountable—and if so, how—for loans to governments that are not even minimally representative of their people's interests? Are there reforms to the practices governing sovereign borrowing and lending to sovereigns that would increase fairness in how the world treats developing countries with debt difficulties?
Rodman (government, Colby College) examines the use of sanctions from the early Cold War era through the 1990s, including the Helms-Burton Law and the Iran-Libya Sanctions Act. He argues that sanctions are weak and costly measures that damage diplomatic relations, particularly when used to prevent key multinational corporations from undertaking economically significant transactions with proscribed nations. Annotation copyrighted by Book News, Inc., Portland, OR.
This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
The recent economic collapse in Argentina and financial crisis in Turkey, and the persistent unsustainable debt burdens of many developing countries highlight the practically urgent problem of excessive indebtedness. High debt levels can limit a sovereign government’s capacity to provide social services necessary for the well-being of its citizens, and divert resources and energy from the pursuit of long-term development strategies. In this book, philosophers, theologians, lawyers and economists examine questions related to how to deal fairly with the over-indebted governments of developing countries. These questions include: How do you balance obligations to repay a debt with potentially worsening poverty in the debtor country? Should creditors be held accountable—and if so, how—for loans to governments that are not even minimally representative of their people's interests? Are there reforms to the practices governing sovereign borrowing and lending to sovereigns that would increase fairness in how the world treats developing countries with debt difficulties?