Chapter

A History of the Doctrine of Odious Debts: Serving Individual/Bilateral or Community Interests?

August Reinisch

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0075
A History of the Doctrine of Odious Debts: Serving Individual/Bilateral or Community Interests?

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Traditionally, the ‘odiousness’ of certain debts was determined by the particular harm to the debtor, for example, debts incurred to fight secessionist movements that eventually prevailed and established a successor State. It was thus largely determined by the bilateral relationship between predecessor and successor State. Today, the basis and content of the odious debts doctrine may have changed by including community interests in the notion of odious debts. This chapter investigates whether and, if so, to what extent community interests may have become more prominent in the odious debts discourse.

Keywords: odious debts doctrine; community interests; bilateral relationship

Chapter.  9597 words. 

Subjects: Public International Law

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