The Financial Obligation in International Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 March 2015
- ISBN 9780198736387
- Binding Hardback
- No. of pages656 pages
- Size 253x177x39 mm
- Weight 1246 g
- Language English 0
Categories
Short description:
This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligation created and governed by public international law.
MoreLong description:
This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligation created and governed by public international law.
Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are not limited to those primarily involving financial obligation (e.g. loans and grants) but include secondary obligation resulting from the law on international responsibility. Among the many instances of financial obligation covered in this study, the reader will find inter-State financial transactions, inter-State sale of goods, transnational services such as telecommunications and post, the financial operations of multilateral institutions, loans, grants and guarantees provided by the various international financial institutions, certain financial relations between non-State actors (including natural persons) and States, intergovernmental organizations or other international legal actors, and government loans to international organizations.
Rich in historical detail and systematic in its coverage of contemporary law, this book will be valued by all practitioners and scholars with an interest in the nature of international financial obligation.
This book provides an impressive coverage of the topic, and it is an invaluable tool and work of interest for international law practitioners, legal counsels of international organisations and scholars looking for expanding their scope of knowledge.
Table of Contents:
Part I. Introductory
Money as the Deliverable
Capabilities of International Law
Part II. International Nature of Obligation
International Legal Obligation
Inter-State Transactions
Transactions Involving State-Entities and Government Departments
Transactions Involving International Organisations
International Financial Obligations Owed to Private Parties
Part III. Currency of Obligations
The Currency of Account
The Currency of Payment
Part IV. Value Risks of Obligations
The Exchange Rate
Nominalism
Value Maintenance
Substitution
Part V. Validity of Obligations
Provisional Presumptions of Validity
Capacity
Authority
Competence
Appropriateness of the Object
Unvetiated Declaration of Will
Forms and Formalities
Part VI. Preliminary Obligations
General
Pactum De Negociando and Pactmude Contrahendo
Obligation not to Defeate the Object of a Commitment
Provisional Application
Retroactive Financing
Part VII. Imposed Obligations
General
Self-Imposition of Financial Obligations
Unilateral Impostion of Finacial Obligations
Part VIII. Consensual Obligations
Deposit Liabilities
Loan Liabilities
Reciprocal Currency Swap Liabilities
Part IX. Conditional Obligations
General
Implied Conditions
Expressed Conditions
Waiver
Part X. Fiduciary Obligations
General
Agency
Loan Administration
Administrated Accounts
Autonomous Patrimonies ("Trusts")
Part XI. Involuntary Obligations
General
Reimbursement of Undue Payment
Negotiorum Gestio
Compensation for Damages Caused by Lawful Acts
Reparation for Damages Caused by Wrongful Acts
Part XIII. Ranking of Obligations
The Equality Rule
Subordination
Secured Debts
Preferred Creditor Status
Part XIII
Performance
Assignment
Novation
Succession
Set-Off
Prescription
Termination
