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dc.contributor.advisor Sayed, Hani Abozeid, Hesham Mohamed 2014-05-20T11:52:38Z 2014-09-11T12:43:22Z 2014 Spring en 2014-05-20
dc.description.abstract 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. en
dc.format.extent 51 p. en
dc.format.medium theses en
dc.language.iso en en
dc.rights Author retains all rights with regard to copyright. en
dc.subject Debts, Public en
dc.subject Debts, Public--Law and legislation en
dc.subject Debts, External en
dc.subject Debts, External--Law and legislation en
dc.subject.lcsh Thesis (L.L.M.)--American University in Cairo en
dc.subject.lcsh Debts, Public -- Law and legislation.
dc.subject.lcsh Debts, External -- Law and legislation.
dc.title Odious Debt Doctrine: a legal perspective en
dc.type Text en
dc.subject.discipline International and Comparative Law en
dc.rights.access This item is restricted for 3 months from the date issued en
dc.contributor.department American University in Cairo. Dept. of Law en
dc.description.irb American University in Cairo Institutional Review Board approval is not necessary for this item, since the research is not concerned with living human beings or bodily tissue samples. en
dc.contributor.committeeMember Beckett, Jason
dc.contributor.committeeMember Lorite, Alejandro

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  • Theses and Dissertations [1835]
    This collection includes theses and dissertations authored by American University in Cairo graduate students.

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