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Relevant bibliographies by topics / Repudiation (of debts)

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Academic literature on the topic 'Repudiation (of debts)'

Author: Grafiati

Published: 4 June 2021

Last updated: 6 February 2022

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Journal articles on the topic "Repudiation (of debts)"

1

Shafter, Jonathan. "The Due Diligence Model: A New Approach to the Problem of Odious Debts." Ethics & International Affairs 21, no. 1 (March 2007): 49–67. http://dx.doi.org/10.1111/j.1747-7093.2007.00060.x.

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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. There are, thus, compelling reasons to reform the law of odious debts to allow for such repudiation in strictly limited circumstances. Beyond the moral problem of requiring the formerly captive citizens of a tyrant to repay their oppressor's personal debts, the burden of odious-debt servicing can perpetuate the cycle of state failure, which has direct national security consequences. In addition, a properly designed odious debt reform could function as an alternative punitive mechanism to trade sanctions with fewer harmful implications for the general population of the targeted state. Classical proponents of odious debt reform advocate for recognition of a legal rule under which successor governments could challenge the validity of debts incurred by prior regimes against the odious debt legal standard in a judicial-style forum. I make the case for an alternative “Due Diligence Model” of reform that provides far greater ex ante certainty for lenders, both as to which debts might be classified as odious debts and what steps the lender must take to protect its investments from subsequent invalidation. The Due Diligence Model also solves certain time-consistency problems inherent to the Classical Model.

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2

Lester, V. Markham. "The Effect of Southern State Bond Repudiation and British Debt Collection Efforts on Anglo-American Relations, 1840–1940." Journal of British Studies 52, no. 2 (April 2013): 415–40. http://dx.doi.org/10.1017/jbr.2013.58.

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AbstractBritish officials' largely negative impression of the United States caused by America's intransigence in allowing renegotiation of Britain's First World War debts must be viewed against a backdrop of a longstanding debtor-creditor relationship between the two nations. Since the mid-nineteenth century, British creditors, largely through the efforts of the London-based Corporation of Foreign Bondholders, vigorously yet unsuccessfully attempted to collect large debts on repudiated American state bonds. This article provides greater understanding of this history and shows that the nineteenth-century debt controversy might well have been avoided to the economic benefit of the British and particularly the American South.

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3

Gallen, James. "Odious Debt and Jus Post Bellum." Journal of World Investment & Trade 16, no. 4 (July 11, 2015): 666–94. http://dx.doi.org/10.1163/22119000-01604005.

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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’, how to conceive of the appropriate standard of care for creditors and examines potential institutions for debt resolution and potential incentives of relevant actors.

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Alvarez, Sebastian. "A FATAL FLAW: DOMESTIC BANKS AND MEXICO’S INTERNATIONAL NEGOTIATING POSITION IN THE 1982 DEBT CRISIS." Revista de Historia Económica / Journal of Iberian and Latin American Economic History 36, no. 3 (August 30, 2018): 337–62. http://dx.doi.org/10.1017/s0212610918000113.

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AbstractThe recent European debt crisis has renewed interest as to why debtor countries honour their foreign debts and subscribe to respectively burdensome rescheduling conditions. While the cost of defaulting in a domestic financial system has been recognised as a main motive for repayment, the factors that cause sovereign states to refrain from debt repudiation are not fully understood. This article investigates the reasons behind the repayment decision and weak negotiating position of the Mexican government following the 1982 debt crisis. It shows that leading commercial banks had considerable amounts of external loans in their books, and that Mexican policymakers lacked the foreign exchange access they needed to secure the stability of the domestic banking system. The high exposure of domestic banks to Mexican debt and their heightened dependence on foreign capital worked as mechanisms that allowed international creditors to enforce their claims and deterred Mexico from declaring a unilateral default.

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5

Sheinin, David M. K. "Sovereign Debts - The Debt System: A History of Sovereign Debts and Their Repudiation. By Éric Toussaint. Chicago: Haymarket Books, 2019. Chronology. Bibliography. Notes. Index. Pp. x, 283. $13.96 paper." Americas 78, no. 2 (April 2021): 350–51. http://dx.doi.org/10.1017/tam.2021.24.

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6

Bílková, Veronika. "Sovereignty, Property and the Russian Revolution." Journal of the History of International Law 19, no. 2 (May 16, 2017): 147–77. http://dx.doi.org/10.1163/15718050-19221024.

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The article introduces two traditions of conceptualizing the relationship between sovereignty and property which have been present in legal and political doctrine and in international law. One tradition sees the two concepts as separated, the other as interrelated. The article then shows that the Soviet approach to sovereignty and property, which manifested itself in certain measures adopted after the 1917 Russian Revolution (the abolition of private property, the repudiation of tsarist debts) and which was largely informed by the ideology of Marxism-Leninism, falls under the second tradition. Finally, the article discusses how the Soviet approach to sovereignty and property sought to affect international law and to what extent it has managed, or failed, to do so.

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González-López, Felipe. "SOCIETY AGAINST MARKETS. THE COMMODIFICATION OF MONEY AND THE REPUDIATION OF DEBT." Sociologia & Antropologia 11, no. 1 (April 2021): 97–122. http://dx.doi.org/10.1590/2238-38752021v1114.

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Abstract From anti-debt movements in Mexico, Spain, Poland, Croatia, and Chile to the Occupy movements in the United States, Israel and Canada, organizations repudiating both debt and the centrality of financial markets have proliferated worldwide. In this article, I draw on Polanyi’s work in order to frame the financialization of society and different forms of debt repudiation as a double movement, characterized as a second wave of the commodification of money and the attempts by society to protect itself from the advancement of finance. Relying on a secondary literature and my own ethnographic research on debtors’ movements, I explore the commonalities and differences between diverse forms of repudiating debt through collective action at both national and international level.

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8

Worrall, Tim. "Debt with potential repudiation." European Economic Review 34, no. 5 (July 1990): 1099–109. http://dx.doi.org/10.1016/0014-2921(90)90025-t.

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9

Cohen, Daniel, and Jeffrey Sachs. "Growth and external debt under risk of debt repudiation." European Economic Review 30, no. 3 (June 1986): 529–60. http://dx.doi.org/10.1016/0014-2921(86)90007-3.

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10

Jeske, Karsten. "Private International Debt with Risk of Repudiation." Journal of Political Economy 114, no. 3 (June 2006): 576–93. http://dx.doi.org/10.1086/503755.

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Dissertations / Theses on the topic "Repudiation (of debts)"

1

Bijapur, Mohan. "The effects of borrower and lender reputation in credit markets." Thesis, University of Southampton, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.340658.

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Hlouchová, Jaroslava. "Vymáhání pohledávek v bankovním sektoru." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-10986.

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The Master thesis describes comprehensively all action of exaction an outstanding debts in banking since origin of defaulted credit up to execution. In the thesis the action of out of court exaction is briefly explained. Nevertheless, the main part of the thesis is takes heed of the judicial exaction. The thesis deals with the selected points at issue from the sphere of judicial trial, compares the judicial trial with the trial of arbitration in point of view their effectiveness. The thesis explains process of debt restructuring an outstanding debt and compares also types of executions. Conclusion of the thesis highlights a question of sale an outstanding debts and leave their management to collecting companies. The aim of the thesis is to provide a well-arranged instruction to banking institutions how to exact their outstanding debts effectively and bring the advantages and disadvantages of particular ways of exaction to attention. At the same time this thesis should be a contribution for public in order to become acquainted with the action of exaction an outstanding debts in banking.

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Mockienė, Akvilė. "Is the insolvency of the State legitimate basis to suspend or repudiate on international financial obligations?" Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090730_144742-25837.

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The author of this thesis raised question if the insolvency of a State is the legitimate basis for suspension or repudiation on international financial obligations. Since there is no uniform way to deal with the issue, the attention is given to different practices and guidelines of court’s reasoning. In order to answer the legal question, prove or neglect the hypothesis and fulfill goals descriptive, analytical and comparative methods are used. The paper consists of four major parts and proceeds in the following order. Part one provides general understanding of State as subject of international law, gives basic legal characteristics of Sovereign debt, introduces the legal definition of insolvent State and explores responsibility of the State in case of unilateral suspension or repudiation on external public debt. The second part explores the existing judicial regulation, defines the absence of international law containing a uniform or a codified insolvency law of states and outlines the main principles applicable to the dispute resolution between insolvent Sovereign State and its creditors. This section also analyzes the frequent practice of solvency crises resolutions and sifts through main judicial problems. It is concluded that current Sovereign crisis resolution violates the main fundamental principle of the rule of law: that one must not be judge in one's own cause. Author emphasizes that diversity among creditors creates uncertainty among all participants as to how... [to full text]
Darbo tikslas yra atsakyti į klausimą, ar valstybės nemokumas yra teisėtas pagrindas sustabdyti arba panaikinti tarptautinių įsipareigojimų vykdymą. Jam pasiekti naudojami aprašomasis, analitinis bei palyginamasis metodai. Magistro baigiamasis darbas yra sudarytas iš keturių pagrindinių dalių. Pirmiausia yra pristatoma valstybės kaip tarptautinės teisės subjekto samprata, bendra valstybės skolos charakteristika, pateikiamas nemokios valstybės apibrėžimas bei analizuojama valstybės atsakomybė vienašališkai sustabdant tarptautinių įsipareigojimų vykdymą arbą jų atsisakant. Antrojoje dalyje atskleidžiama nemokios valstybės is jos kreditorių santykių reglamentacija, aptariami bendrieji teisės principai taikytini valstybės nemokumui. Analizuojama dabartinė nemokių valstybių problemų sprendimo praktika bei atskleidžiamos pagrindinės teisinės problemos. Trečioji dalys yra skirta sąlygų, kurioms esant nemoki valstybė gali teisėtai atsisakyti vykdyti savo finansinius įsipareigojimus, analizei. Prieinama prie išvados, kad valstybės nemokumas gali būti teisėtas pagrindas sustabdyti arba panaikinti tarptautinių įsipareigojimų vykdymą , tačiau tik esant tam tikroms aplinkybėms – kuomet tarptautinių finansinių įsipareigojimų vykdymas pažeidžia pagrindinius nemokios valstybės piliečių poreikius bei teises. Paskutinėje dalyje pristatomi siūlymai kaip galima būtų teisiškai reguliuoti nemokios valstybės ir jos kretitorių santykius. Pateikti projektai palyginami, aptariamos jų trūkumai ir... [toliau žr. visą tekstą]

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Books on the topic "Repudiation (of debts)"

1

Rose, Andrew. One reason countries pay their debts: Renegotiation and international trade. [New York, N.Y.]: Federal Reserve Bank of New York, 2001.

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Rose, Andrew. One reason countries pay their debts: Renegotiation and international trade. Badia Fiesolana, San Domenico (FI): European University Institute, 2002.

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Rose, Andrew. One reason countries pay their debts: Renegotiation and international trade. San Domenico di Fiesole, Italy: European University Institute, Robert Schuman Centre, 2002.

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Rose, Andrew. One reason countries pay their debts: Renegotiation and international trade. Cambridge, MA: National Bureau of Economic Research, 2002.

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5

Glick, Reuven. Economic perspectives on foreign borrowing and debt repudiation: An analytic literature review. New York: Salomon Brothers Center for the Study of Financial Institutions, Graduate School of Business Administration, New York University, 1987.

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Glick, Reuven. Economic perspectives on foreign borrowing and debt repudiation: An analytic literature review. New York: Graduate School of Business Administration, New York University, 1986.

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7

Wallis, John Joseph. Soveriegn debt and repudiation: The emerging-market debt crisis in the U.S. states, 1839-1843. Cambridge, MA: National Bureau of Economic Research, 2004.

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Wallis, John Joseph. Sovereign debt and repudiation: The emerging-market debt crisis in the U.S. states, 1839-1843. Cambridge, Mass: National Bureau of Economic Research, 2004.

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9

A debt restructuring mechanism for sovereigns: Do we need a legal procedure? München, Germany: Verlag C. H. Beck, 2014.

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10

United States. Congress. House. Committee on Foreign Affairs. Subcommittee on the Western Hemisphere (2007- ). Judgment Evading Foreign States Accountability Act of 2011: Markup before the Subcommittee on the Western Hemisphere of the Committee on Foreign Affairs, House of Representatives, One Hundred Twelfth Congress, second session, on H.R. 1798, November 29, 2012. Washington: U.S. Government Printing Office, 2012.

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Book chapters on the topic "Repudiation (of debts)"

1

Picht, Hartmut R. "The Political Economy of Debt Repudiation and Expropriation in LDCs." In Monetary Theory and Policy, 329–83. Berlin, Heidelberg: Springer Berlin Heidelberg, 1988. http://dx.doi.org/10.1007/978-3-642-74104-3_14.

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2

Malik, Hassan. "Introduction." In Bankers and Bolsheviks, 1–18. Princeton University Press, 2018. http://dx.doi.org/10.23943/princeton/9780691170169.003.0007.

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This introductory chapter argues that the story of the Russian investment boom and bust of the late nineteenth and early twentieth centuries is based on, among other things, financial and economic data, as well as the correspondence, reports, and other documents in government and private banking archives in Moscow, Saint Petersburg, Paris, London, and New York. The 1918 Bolshevik repudiation of debts contracted by the Tsarist and Provisional governments—the largest default in history—punctuated the end of an era during which Russia had become the leading net international debtor in the world. It is relevant to an extensive academic literature that stretches across the disciplines of history, economics, and political science. The secondary literature cited in these sources relates to the Russian Revolution, banking and business history, the historical sociology of revolutions, and international capital flows. Given the crucial importance of the last of these, the story is international, touching on aspects of the histories of nations such as Russia, France, Germany, Britain, the United States, China, and Japan.

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3

Hardin, Garrett. "What Malthus Missed." In Living within Limits. Oxford University Press, 1993. http://dx.doi.org/10.1093/oso/9780195078114.003.0014.

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Though John Maynard Keynes had the highest opinion of his contributions to economics, Malthus continues to be bad-mouthed by many of today's sociologists and economists. The passion displayed by some of his detractors is grossly disproportionate to the magnitude of his errors. A conscientious listing of the explicit statements made by Malthus would, I am sure, show that far more than 95 percent of them are correct. But for any writer who becomes notorious for voicing unwelcome "home truths," a correctness score of 95 percent is not enough. Envy, an all-toohuman failing, is not unknown among critics. Envy sharpens the critical faculties but dulls the sense of proportion. The potentially unlimited growth of debt through the exponential growth of usury is counterbalanced, as we have seen, by such factors as bankruptcy, repudiation of debts, and inflation. Potentially exponential biological reproduction is also kept in check by counterbalancing forces. Every species "seeks" to convert the matter of its surroundings ("the environment") into more of its own kind, without limit. But since the amount and quality of convertible matter does have limits, so also must the growth of every population be limited. What in fact does limit the growth of populations? Malthus was concerned only with the human species. Having found a mathematical expression for reproduction he then sought another mathematical expression for the limitation to human fertility. No one thinks he was successful in this second endeavor. We note that as a student at Cambridge he was graduated as Ninth Wrangler. The quaint term "wrangler" is awarded by the English to someone who takes honors in mathematics. Since Malthus placed ninth in his class we may assume that he was only modestly endowed with mathematical ability. We should not be surprised to learn that he made a serious mistake in applying mathematics to the problem of the factors limiting human populations. (Look again at Box 9-1 on page 88.)

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4

"3 Costly Talk? Reinterpreting the Soviet Repudiation." In Rethinking Sovereign Debt, 57–99. Harvard University Press, 2014. http://dx.doi.org/10.4159/harvard.9780674726406.c3.

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Jochnick, Chris. "The Legal Case for Debt Repudiation." In Sovereign Debt at the Crossroads, 132–57. Oxford University Press, 2006. http://dx.doi.org/10.1093/0195168003.003.0007.

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Bantekas, Ilias. "The Right to Unilateral Repudiation of Odious, Illegal, and Illegitimate Sovereign Debt as a Human Rights Defence." In Sovereign Debt and Human Rights, 536–54. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810445.003.0029.

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States enjoy the right to unilaterally denounce sovereign debt that is odious, illegal and illegitimate under strict circumstances. This entitlement does not exist where the debt(s) was/were incurred lawfully. A particular form of denunciation is sovereign insolvency, whose unilateral manifestation, is treated in practice by similar principles and responses as those apply mutatis mutandis to other forms of debt management. This chapter identifies, in addition to insolvency, five forms of unilateral debt denunciation that arise from the limited practice of states, which are moreover consistent with general international law. These are: (a) repudiation or non-enforcement of arbitral awards on public policy grounds; (b) denunciation on grounds of executive necessity and/or the right to fiscal/tax sovereignty; (c) direct unilateral repudiation on the basis of reports by national debt audit committees; (d) repudiation of contracts when creditor/investor violates human rights and of unconscionable concession contracts; (e) re-negotiation of bilateral investment treaties and concessions.

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Davies, Paul S. "26. Anticipatory breach of contract." In JC Smith's The Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807810.003.0026.

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This chapter examines the doctrine of anticipatory breach, which occurs where, before the time comes for A to perform his part of the contract, A declares that he is not going to do so. This repudiation of the contractual obligation is itself a breach of contract. The innocent party may choose to either accept or reject an anticipatory breach. If he accepts, the contract is terminated and the innocent party can sue for damages immediately. If the anticipatory breach is rejected, then the contract remains on foot. If the innocent party elects not to accept the breach and to keep the contract alive, then he may proceed to perform his side of the bargain and sue for the contract price. However, it appears that this action for the agreed sum, or action in debt, may not succeed if the innocent party had no ‘legitimate interest’ in taking such steps.

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Davies, Paul S. "26. Anticipatory breach of contract." In JC Smith's The Law of Contract, 392–400. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853503.003.0026.

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This chapter examines the doctrine of anticipatory breach, which occurs where, before the time comes for A to perform their part of the contract, A declares that A is not going to do so. This repudiation of the contractual obligation is itself a breach of contract. The innocent party may choose to either accept or reject an anticipatory breach. If they accept, the contract is terminated and the innocent party can sue for damages immediately. If the anticipatory breach is rejected, then the contract remains on foot. If the innocent party elects not to accept the breach and to keep the contract alive, then they may proceed to perform their side of the bargain and sue for the contract price. However, it appears that this action for the agreed sum, or action in debt, may not succeed if the innocent party had no ‘legitimate interest’ in taking such steps.

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Reports on the topic "Repudiation (of debts)"

1

Cohen, Daniel, and Jeffrey Sachs. Growth and External Debt Under Risk of Debt Repudiation. Cambridge, MA: National Bureau of Economic Research, September 1985. http://dx.doi.org/10.3386/w1703.

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Grossman, Herschel, and John Van Huyck. Sovereign Debt as a Contingent Claim: Excusable Default, Repudiation, and Reputation. Cambridge, MA: National Bureau of Economic Research, July 1985. http://dx.doi.org/10.3386/w1673.

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Wallis, John Joseph, Richard Sylla, and Arthur Grinath. Sovereign Debt and Repudiation: The Emerging-Market Debt Crisis in the U.S. States, 1839-1843. Cambridge, MA: National Bureau of Economic Research, September 2004. http://dx.doi.org/10.3386/w10753.

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