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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.
Ilias Bantekas and Cephas Lumina: Sovereign Debt and Human Rights: An Introduction Part I - The Historical, Economic and Political Context of Sovereign Debt Chapter 1: Kim Oosterlinck: The Historical Context of Sovereign Debt Chapter 2: Rosa Maria Lastra and Vassilis Paliouras: Sovereign Debt Crises: A Problem of Debt Management? Chapter 3: Arturo C. Porzecanski: Human Rights and Sovereign Debts in the Context of Property and Creditor Rights Part II - Sovereign Debt Financing: Institutions and Modalities Chapter 4: Mauro Megliani: Private Loans to Sovereign Borrowers Chapter 5: Sara L. Seck and Daniela Chmisso dos Santos: Export Credits, Sovereign Debt, and Human Rights Chapter 6: Maria Jose Romero and Bodo Ellmers: The Financial and Social Cost of Public Private Partnerships Chapter 7: Matthias Goldmann: Foreign Investment, Sovereign Debt and Human Rights Chapter 8: Aline Darbellay Susso: The Role of Credit Rating Agencies in Sovereign Debt Markets Part III - The Impact of Sovereign Debt on Human Rights Chapter 9: Cephas Lumina: Sovereign Debt and Human Rights: Making the Connection Chapter 10: Olivier De Schutter: Sovereign Debt and the Right to Food Chapter 11: Tim Jones: Sovereign Debt and the Right to Health Chapter 12: Ilias Bantekas: Sovereign Debt and its Impact on the Right to Education Chapter 13: Gail Hurley: Sovereign Debt and the Right to Development Chapter 14: Ilias Bantekas: Sovereign Debt and Self-Determination Chapter 15: Juan Pablo Bohoslavsky and Franz Christian Ebert: Debt Crises, Economic Adjustment and Labour Standards Chapter 16: Sarah Joseph: Sovereign Debt and Civil/Political Rights Chapter 17: Cephas Lumina and Mulesa Lumina: Illicit Financial Flows, Sovereign Debt and Human Rights Part IV - The Impact of Economic Adjustment Policies on Human Rights Chapter 18: Barry Herman: Towards a More Ethical Lending to Sovereigns Chapter 19: Thomas Stubbs and Alexander Kentikelenis: Conditionality and Debt Relief: An Overview Chapter 20: Ben Warwick: Debt, Austerity and the Structural Responses of Social Rights Chapter 21: Juan Pablo Bohoslavsky: Guiding Principles to Assess the Human Rights Impact of Economic Reforms? Part V - Human Rights-Based Responses to Sovereign Debt Crises Chapter 22: Margot E. Salomon and Robert Howse: Odious Debt, Adverse Creditors and the Democratic Ideal Chapter 23: Martin Guzman and Joseph E Stiglitz: A Soft Law Mechanism for Sovereign Debt Restructuring Based on the UN Principles Chapter 24: Ilias Bantekas: A Sovereign Debt Arbitral Mechanism from a Human Rights Perspective Chapter 25: Maria Lucia Fattorelli: Citizen Debt Audits Chapter 26: Cephas Lumina: Curbing 'Vulture Fund' Litigation Chapter 27: Francesco Seatzu: Sustainable Financing through Domestic Resource Mobilization (DRM): The Role of International Law Chapter 28: Ilias Bantekas: The Right to Unilateral Repudiation of Odious, Illegal and Illegitimate Sovereign Debt as a Human Rights Defence Ilias Bantekas and Cephas Lumina: Conclusion
Author(s) | Edited by Ilias Bantekas (Professor of Law, Professor of Law, Brunel University and Northwestern University), Cephas Lumina (University of Fort Hare, University of Fort Hare, Professor of Law). |
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Publisher | Oxford University Press |
ISBN | 9780198810445 |
Format | Hardback |
Pages | 640 |
Published in | United Kingdom |
Published | 5 Dec 2018 |
Availability | Available |
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