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There is an obvious need to learn more about why some countries succeed and others fail when dealing with debt crises. Why do some sovereign debtors overcome economic problems very quickly and at minor human rights costs for their people, while others remain trapped by debts for years struggling with overwhelming debt burdens and exacerbating economic problems and human suffering? This book analyzes fourteen unique or singular country cases of sovereign debt problems that differ characteristically from the 'ordinary' debtor countries, and have not yet received enough or proper attention - some regarded as successful, some as unsuccessful in dealing with debt crises. The aim is to contribute to a better understanding of the policy options available to countries struggling with debt problems, or how to resolve a debt overhang while protecting human rights, the Rule of Law and the debtor's economic recovery.
Debts, Public --- Financial crises --- Debt relief --- Crashes, Financial --- Crises, Financial --- Financial crashes --- Financial panics --- Panics (Finance) --- Stock exchange crashes --- Stock market panics --- Crises --- Debts, Government --- Government debts --- National debts --- Public debt --- Public debts --- Sovereign debt --- Debt --- Bonds --- Deficit financing
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Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations
Constitutional history --- Law --- History --- Magna Carta --- Debts, Public --- Debts, External --- Human rights --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Law and legislation --- Economic aspects --- E-books --- History. --- Magna Carta. --- Magna Charta --- Magna carta regis Johannis, XV die junii, MCCXV, anno regni XVII --- Velikai︠a︡ Khartīi︠a︡ Volʹnosteĭ --- Magŭna Kʻarŭtʻa --- Criminal law --- Philosophy. --- Von Hirsch, Andrew. --- Law and legislation. --- Economic aspects. --- Great Britain --- Politics and government --- Philosophy --- Von Hirsch, Andrew --- Criminal law - Philosophy --- Constitutional history - England --- Law - England - History --- Royaume-Uni --- Etats-Unis
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There is an urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap.
Debts, Public --- Debts, External --- Human rights --- Law and legislation. --- Economic aspects.
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The regulation of sovereign financing is a highly topical and significant issue, in the light of continuing global financial turmoil. This book assesses the role of international law in sovereign financing, addressing this issue from both legal and economic standpoints. It takes as a starting point the recent report 'Principles on Responsible Sovereign Lending and Borrowing' by the United Nations Conference on Trade and Development (UNCTAD). This report was endorsed by the UnitedNations General Assembly in its December 2011 Resolution on Debt, which emphasized the need for creditors and debtor
Loans, Foreign --- Debts, Public --- Finance, Public --- Law and legislation. --- United Nations Conference on Trade and Development. --- Law --- United Nations conference on trade and development --- Verenigde Naties conferentie inzake handel en ontwikkeling --- United Nations. Kauppa- ja kehityskonferenssi --- United Nations. Konferent︠s︡ii︠a︡ po voprosam torgovli i razvitii︠a︡ --- Konferent︠s︡ii︠a︡ Organizat︠s︡ii Obʺedinennykh Nat︠s︡iĭ po voprosam torgovli i razvitii︠a︡ --- Conférence des Nations Unies sur le commerce et le développement --- Conferencia de las Naciones Unidas sobre Comercio y Desarrollo --- United Nations. --- CNUCED (Organization) --- United Nations. Światowa Konferencja Handlu i Rozwoju --- United Nations. Conference on Trade and Development --- Welthandelskonferenz --- U.N.C.T.A.D. (Organization) --- UNCTAD (Organization) --- United Nations. Konference om handel og udvikling --- UN-Konferenz für Handel und Entwicklung --- Conferința Națiunilor Unite pentru Comerț și Dezvoltare --- Welthandels- und Entwicklungskonferenz --- United Nations. Welthandels- und Entwicklungskonferenz --- United Nations. Conferencia sobre Comercio y Desarrollo --- United Nations. General Assembly. --- United Nations. Mao fa hui i --- Mao fa hui i (United Nations) --- Lien ho kuo ma fa hui i --- Conferencia de Naciones Unidas para el Comercio y el Desarrollo --- Kokuren Bōeki Kaihatsu Kaigi --- Muʼtamar al-Umam al-Muttaḥidah lil-Tījārah wa-al-Tanmiyah --- UNCTAD
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Much has been written on the Argentine dictatorship and the transitional justice movement that brought its members to justice. However there has been no study to date of the economic accomplices to this dictatorship and the recent advancements in Argentina towards holding these actors accountable. What was the role of banks, companies, and individuals in perpetuating a murderous regime? To what extent should they be held responsible? As the first academic study on economic complicity in Argentina, this book attempts to answer these questions. Renowned human rights scholars investigate the role played by such actors as Ford, Mercedes Benz, the press, foreign banks, and even the Catholic Church. Across numerous case studies, the authors make a compelling argument for the legal responsibility of economic accomplices. A groundbreaking interdisciplinary study, this book will be essential to anyone interested in transitional justice, business, and human rights.
Businesspeople --- Attitudes --- History --- Argentina --- Economic policy --- Economic conditions --- Economic aspects --- Accomplices --- Corporations --- Responsibility --- Moral and ethical aspects --- Economic policy. --- Businesspeople - Argentina - Attitudes - History - 20th century --- Argentina - Economic policy --- Argentina - Economic conditions - 1945-1983 --- Argentina - History - Dirty War, 1976-1983 - Economic aspects --- Economic aspects. --- Business people --- Business persons --- Businesspersons --- Entrepreneurs --- Professional employees --- Argenṭinah --- Argenṭine --- Argentine Confederation (1851-1861) --- Argentine Nation --- Argentine Republic --- Aruzenchin --- Confederación Argentina (1851-1861) --- Nación Argentina --- República Argentina --- アルゼンチン --- Provincias Unidas del Río de la Plata
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The regulation of sovereign financing is a highly topical and significant issue, in the light of continuing global financial turmoil. This book assesses the role of international law in sovereign financing, addressing this issue from both legal and economic standpoints. It takes as a starting point the recent report 'Principles on Responsible Sovereign Lending and Borrowing' by the United Nations Conference on Trade and Development (UNCTAD). This report was endorsed by the United Nations General Assembly in its December 2011 Resolution on Debt, which emphasized the need for creditors and debtors to share responsibility for preventing unsustainable debt situations and encouraged all stakeholders to pursue the ongoing discussions within the framework of the UNCTAD Initiative. Investigating the legal and economic basis for the principles which were articulated in the report, the book develops a detailed and nuanced analysis of the controversial and complex issues they raise, including those concerning finance and credit rating agencies, contingent liabilities, debt management, corruption, fiduciary relations and duties, Collective Action Clauses, and the role of the EU and UN. Ultimately, it argues that the principles elaborated in the report correspond with general principles of international law, which provide a strong, pre-existing foundation upon which to build responsible principles for sovereign financing.
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With a focus on Chile, this book demonstrates, with theoretical arguments and empirical studies, that focusing on the behavior of economic actors of the dictatorship is crucial to achieve basic objectives in terms of justice, memory, reparation, and non-repetition measures.
Chile --- Chile --- Chile --- Economic conditions --- Economic policy. --- History
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