Public Debts and State Succession

Public Debts and State Succession
Author: Ernst Hermann Feilchenfeld
Publisher:
Total Pages: 964
Release: 1972
Genre: Annexation (International law)
ISBN:

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The Law of State Succession

The Law of State Succession
Author: D. P. O' Connell
Publisher: Cambridge University Press
Total Pages: 467
Release: 2015-12-03
Genre: Law
ISBN: 1107594693

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First published in 1956, this book presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence.

State Succession and Commercial Obligations

State Succession and Commercial Obligations
Author: Tai-Heng Cheng
Publisher: BRILL
Total Pages: 500
Release: 2006-07-19
Genre: Law
ISBN: 9047440021

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State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. The insightful text identifies a common thread running through these seemingly disparate events. Because of globalization and our interdependence, transnational decision-makers have collectively shaped international law to protect the international infrastructure from being disrupted by state succession and to protect entities from being debilitated by post-succession obligations. State Succession and Commercial Obligations makes another major breakthrough by showing that the policy considerations and decision-making processes are similar in both state and government successions. Unlike prior theories that were bound by technical distinctions between state and government succession, this book’s approach helps decision-makers bring order to both state and government successions that continue to be problematic today, such as the “regime changes” in Iraq, Afghanistan and Kosovo. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred. Because this book distills complex legal concepts into elegant ideas, it is also fascinating reading for a general audience that has an interest in global affairs and the transformative successions since the end of the Cold War. Published under the Transnational Publishers imprint.

A World of Public Debts

A World of Public Debts
Author: Nicolas Barreyre
Publisher: Springer Nature
Total Pages: 593
Release: 2020-10-26
Genre: Business & Economics
ISBN: 3030487946

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This book analyzes public debt from a political, historical, and global perspective. It demonstrates that public debt has been a defining feature in the construction of modern states, a main driver in the history of capitalism, and a potent geopolitical force. From revolutionary crisis to empire and the rise and fall of a post-war world order, the problem of debt has never been the sole purview of closed economic circles. This book offers a key to understanding the centrality of public debt today by revealing that political problems of public debt have and will continue to need a political response. Today’s tendency to consider public debt as a source of fragility or economic inefficiency misses the fact that, since the eighteenth century, public debts and capital markets have on many occasions been used by states to enforce their sovereignty and build their institutions, especially in times of war. It is nonetheless striking to observe that certain solutions that were used in the past to smooth out public debt crises (inflation, default, cancellation, or capital controls) were left out of the political framing of the recent crisis, therefore revealing how the balance of power between bondholders, taxpayers, pensioners, and wage-earners has evolved over the past 40 years. Today, as the Covid-19 pandemic opens up a dramatic new crisis, reconnecting the history of capitalism and that of democracy seems one of the most urgent intellectual and political tasks of our time. This global political history of public debt is a contribution to this debate and will be of interest to financial, economic, and political historians and researchers. Chapters 13 and 19 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The American Doctrine of State Succession

The American Doctrine of State Succession
Author: Herbert Arnold Wilkinson
Publisher: Greenwood Publishing Group
Total Pages: 137
Release: 1934
Genre: Law
ISBN: 9780837177991

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This study investigates whether or not the U.S. has a consistent policy for dealing with state changes, and what that policy is. It evaluates state succession as it affects public law and government; private law and private rights; nationality; public debts and financial obligations; and treaties.

Rethinking Sovereign Debt

Rethinking Sovereign Debt
Author: Odette Lienau
Publisher: Harvard University Press
Total Pages: 342
Release: 2014-02-18
Genre: Business & Economics
ISBN: 0674726405

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Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.

Guidelines for Public Debt Management -- Amended

Guidelines for Public Debt Management -- Amended
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 39
Release: 2003-09-12
Genre: Business & Economics
ISBN: 149832892X

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State Succession to International Responsibility

State Succession to International Responsibility
Author: Patrick Dumberry
Publisher: Martinus Nijhoff Publishers
Total Pages: 541
Release: 2007
Genre: Law
ISBN: 9004158820

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This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

A Guide to State Succession in International Investment Law

A Guide to State Succession in International Investment Law
Author: Patrick Dumberry
Publisher: Edward Elgar Publishing
Total Pages: 515
Release: 2018-07-27
Genre: Law
ISBN: 1788116615

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A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.