The Doctrine of Odious Debt in International Law
A Restatement

This book outlines how odious debts are not legally binding under international or domestic law, contrary to widely held legal opinion.

Jeff King (Author)

9781107567320, Cambridge University Press

Paperback / softback, published 20 December 2018

247 pages, 4 b/w illus.
22.9 x 15.3 x 1.5 cm, 0.37 kg

'The Doctrine of Odious Debt in International Law: A Restatement is both substantively compelling and methodologically adventurous and, what is more, is published at a timely moment. In recent years, both the UN General Assembly and UNCTAD have attempted to re-organize the law and practice around sovereign debt relief. In this broader setting, King's monograph adds considerable clarity to an important aspect of the vexing issue of sovereign debts and their treatment in international law.' Jan Klabbers, Netherlands International Law Review

According to the doctrine of odious debt, loans which are knowingly provided to subjugate or defraud the population of a debtor state are not legally binding against that state under international law. Breaking with widespread scepticism, this groundbreaking book reaffirms the original doctrine through a meticulous and definitive examination of state practice and legal history. It restates the doctrine by introducing a new classification of odious debts and defines 'odiousness' by reference to the current, much more determinate and litigated framework of existing public international law. Acknowledging that much of sovereign debt is now governed by the private law of New York and England, Jeff King explores how 'odious debts' in international law should also be regarded as contrary to public policy in private law. This book is essential reading for practising lawyers, scholars, and development and human rights workers.

1. Introduction
2. International law, sovereign debt, and odious debt
3. The status of odious debts in international law
4. The enforceability of odious debts in domestic law
5. Conclusion.

Subject Areas: Public international law [LBB], Legal history [LAZ], International relations [JPS]