Sovereign Debt and Human Rights
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 November 2018
- ISBN 9780198810445
- Binding Hardback
- No. of pages640 pages
- Size 254x178x42 mm
- Weight 1266 g
- Language English 0
Categories
Short description:
Sovereign debt is necessary for states to function, yet its impact on human rights is underexplored. Bantekas and Lumina gather experts to conclude that imposing structural adjustment programmes exacerbates debt, injures the entrenched rights of peoples and their state's economic sovereignty, and worsens the borrower's economic situation.
MoreLong description:
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.
an insightful and worthy addition to this literature. ... scholars with a genuine interest in sovereign debt will appreciate a collection that provides a robust and impassioned critique of the demonstrable failure of recent responses to sovereign debt. In this respect, the edited collection serves as a vital addition to an ongoing debate of great importance.
Table of Contents:
Sovereign Debt and Human Rights: An Introduction
Part I - The Historical, Economic and Political Context of Sovereign Debt
The Historical Context of Sovereign Debt
Sovereign Debt Crises: A Problem of Debt Management?
Human Rights and Sovereign Debts in the Context of Property and Creditor Rights
Part II - Sovereign Debt Financing: Institutions and Modalities
Private Loans to Sovereign Borrowers
Export Credits, Sovereign Debt, and Human Rights
The Financial and Social Cost of Public Private Partnerships
Foreign Investment, Sovereign Debt and Human Rights
The Role of Credit Rating Agencies in Sovereign Debt Markets
Part III - The Impact of Sovereign Debt on Human Rights
Sovereign Debt and Human Rights: Making the Connection
Sovereign Debt and the Right to Food
Sovereign Debt and the Right to Health
Sovereign Debt and its Impact on the Right to Education
Sovereign Debt and the Right to Development
Sovereign Debt and Self-Determination
Debt Crises, Economic Adjustment and Labour Standards
Sovereign Debt and Civil/Political Rights
Illicit Financial Flows, Sovereign Debt and Human Rights
Part IV - The Impact of Economic Adjustment Policies on Human Rights
Towards a More Ethical Lending to Sovereigns
Conditionality and Debt Relief: An Overview
Debt, Austerity and the Structural Responses of Social Rights
Guiding Principles to Assess the Human Rights Impact of Economic Reforms?
Part V - Human Rights-Based Responses to Sovereign Debt Crises
Odious Debt, Adverse Creditors and the Democratic Ideal
A Soft Law Mechanism for Sovereign Debt Restructuring Based on the UN Principles
A Sovereign Debt Arbitral Mechanism from a Human Rights Perspective
Citizen Debt Audits
Curbing 'Vulture Fund' Litigation
Sustainable Financing through Domestic Resource Mobilization (DRM): The Role of International Law
The Right to Unilateral Repudiation of Odious, Illegal and Illegitimate Sovereign Debt as a Human Rights Defence
Conclusion
