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Odious Debt Doctrine: a legal perspective
International law obliges states to respect their obligations in accordance with the principle of pacta sunt servanda unless the obligation is odious. Citizens of any state should depend on state practice and judicial precedent to repudiate obligation that originated odiously. Jurisprudential and le...
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AUC Knowledge Fountain
2014
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| _version_ | 1867613413047271424 |
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| access_status_str | Open Access |
| author | Abozeid, Hesham Mohamed |
| author_browse | Abozeid, Hesham Mohamed |
| author_facet | Abozeid, Hesham Mohamed |
| author_sort | Abozeid, Hesham Mohamed |
| collection | Thesis |
| dc_rights_str_mv | The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. |
| description | International law obliges states to respect their obligations in accordance with the principle of pacta sunt servanda unless the obligation is odious. Citizens of any state should depend on state practice and judicial precedent to repudiate obligation that originated odiously. Jurisprudential and legal controversy arose about the extent of the state’s commitment with debt arising from those obligations. Jurisprudence and the judiciary tried to set a definition of odious debt since the eighteenth century. The difficulty of the definition arises in determining when and how debt is odious, and what are the criteria of odious debt. Another difficulty arises in finding sources of international law to cancel and reject such debt. This paper will be primarily concerned with identifying the precise definition of and normative basis for the doctrine of odious debt in international law. It also concerned with the international legal standards that states can rely on to get rid of that debt. The legal principles are founded on the sources of international law laid down in Article 38 of the Statute of ICJ. Through a review of different sources of international law, the conclusion is that odious debts arise without the consent of the population, without benefit to them, and with the knowledge of the creditor. The paper also concludes that there are at least three legal grounds for repudiating odious debt. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-1862 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:44.926Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-1862 Odious Debt Doctrine: a legal perspective Abozeid, Hesham Mohamed International law obliges states to respect their obligations in accordance with the principle of pacta sunt servanda unless the obligation is odious. Citizens of any state should depend on state practice and judicial precedent to repudiate obligation that originated odiously. Jurisprudential and legal controversy arose about the extent of the state’s commitment with debt arising from those obligations. Jurisprudence and the judiciary tried to set a definition of odious debt since the eighteenth century. The difficulty of the definition arises in determining when and how debt is odious, and what are the criteria of odious debt. Another difficulty arises in finding sources of international law to cancel and reject such debt. This paper will be primarily concerned with identifying the precise definition of and normative basis for the doctrine of odious debt in international law. It also concerned with the international legal standards that states can rely on to get rid of that debt. The legal principles are founded on the sources of international law laid down in Article 38 of the Statute of ICJ. Through a review of different sources of international law, the conclusion is that odious debts arise without the consent of the population, without benefit to them, and with the knowledge of the creditor. The paper also concludes that there are at least three legal grounds for repudiating odious debt. 2014-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/863 https://fount.aucegypt.edu/context/etds/article/1862/viewcontent/The_20final_20draft_201.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Debts Public Debts Public--Law and legislation |
| spellingShingle | Debts Public Debts Public--Law and legislation Abozeid, Hesham Mohamed Odious Debt Doctrine: a legal perspective |
| title | Odious Debt Doctrine: a legal perspective |
| title_full | Odious Debt Doctrine: a legal perspective |
| title_fullStr | Odious Debt Doctrine: a legal perspective |
| title_full_unstemmed | Odious Debt Doctrine: a legal perspective |
| title_short | Odious Debt Doctrine: a legal perspective |
| title_sort | odious debt doctrine a legal perspective |
| topic | Debts Public Debts Public--Law and legislation |
| url | https://fount.aucegypt.edu/etds/863 https://fount.aucegypt.edu/context/etds/article/1862/viewcontent/The_20final_20draft_201.pdf |
| work_keys_str_mv | AT abozeidheshammohamed odiousdebtdoctrinealegalperspective |