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A Human Rights Framework For Debt Relief
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Book Synopsis A Human Rights Framework for Debt Relief by : Chrystin D. Ondersma
Download or read book A Human Rights Framework for Debt Relief written by Chrystin D. Ondersma and published by . This book was released on 2015 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: This project begins to answer the question: How might human rights obligations and standards inform lawmaking around the treatment of over-indebted individuals? Recently, policymakers in Europe have articulated a desire to incorporate human rights principles in their responses to consumer over-indebtedness. However, beyond a handful of vague references, there has been no analysis of how human rights principles might inform the treatment of over-indebtedness. This paper analyzes the human rights that are implicated in the treatment of over-indebtedness and discusses how each right can be adequately taken into account in crafting consumer insolvency regimes. In undertaking this analysis, I suggest that a human rights based evaluation of nations' insolvency systems or lack thereof must be contextualized in nations' background rules including 1) the available social safety net, 2) the nature of consumer credit contracts that default laws permit to exist, and 3) permissible collection methods. This project should be useful for two groups: 1) those drafting or proposing legislation addressing consumer over-indebtedness who are members of countries that have undertaken specific human rights obligations, and 2) lawmakers or policymakers who wish their proposed legislation to reflect cognizance of human rights principles even when not obligatory.
Book Synopsis Dignity Not Debt by : Chrystin Ondersma
Download or read book Dignity Not Debt written by Chrystin Ondersma and published by Univ of California Press. This book was released on 2024-04-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dignity Not Debt reimagines the American household debt landscape. Contrary to the myth that households can avoid debt troubles by taking on "good debt" and avoiding "bad debt," many Americans have no choice but to take on debt just to survive. And when they turn to debt for opportunities, these promised opportunities often never materialize. Chrystin Ondersma describes the brutal reality of Americans' experience with debt and dismantles the stubborn myths-including the myth of the free market-that continue to stand in the way of just and sensible economic policy. She offers a new taxonomy of household debt and a new vision for household debt policymaking-one rooted in the principle of human dignity rather than in myths. She gives American families the truth about household debt and policymakers exciting new strategies toward true prosperity and equality for American families"--
Book Synopsis Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights by : Muhammad Bello
Download or read book Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights written by Muhammad Bello and published by Pretoria University Law Press. This book was released on 2024-07-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-imagining sovereign debt examines the extent to which sovereign debtors’ contractual obligations may be honoured where the socio-economic rights of their citizens face clear danger of non-realisation. It critiques the foundational legal paradigm that influences and shapes the substance of the sovereign debt regime. In doing this, the author employs legal theory to show the inadequacies of the regime in terms of its failure to embrace the dynamism of sovereign debt which he characterises as a debt with a complex mix of public-private elements, hybridity of norms and multiplicity of interests beyond the two-sided creditor-debtor matrix. By locating socio-economic rights in all critical phases of the regime, the author shows that the recurring circles of debt crises are linked to the continuing influence of the private law paradigm. The book offers a fresh perspective to re-imagine sovereign debt using insights from transnational legal theorists and advocates prioritising socio-economic rights considerations in debt contracting, restructuring and adjudication through a more concrete recognition of creditors’ responsibilities. Re-imagining sovereign debt will interest lawyers, policymakers, diplomats, scholars and researchers interested in the law, history and politics of sovereign debt.
Book Synopsis Making Poverty History by : Raymond Pasiliao
Download or read book Making Poverty History written by Raymond Pasiliao and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global debt crisis continues despite a number of efforts over the years to resolve it, and the purpose of this article is to assist in the campaign for debt relief by using international human rights law as basis for granting debt relief to debtor countries. The article begins with a brief account of international customs involving debt cancellation or 'write-offs' and examines whether such customs have evolved into general practice. It will then catalogue a number of international conventions pertaining to human rights. It continues by highlighting the adverse effects of the debt burden on the human rights of the people of debtor countries. Finally, the article will conclude that international human rights law presents a compelling argument for canceling sovereign debt. The article will not attempt to provide a precise mathematical equation for solving the debt crisis. Rather, it hopes to supply debtor and creditor nations with a human rights law perspective to arrive at consensual formulas for erasing, or at least reducing, the debt burden.
Book Synopsis Sovereign Debt and Human Rights by : Ilias Bantekas
Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by . This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for states to function, yet its impact on human rights is underexplored. Bantekas and Lumina gather experts to conclude that imposing structural adjustment programmes exacerbates debt, injures the entrenched rights of peoples and their state's economic sovereignty, and worsens the borrower's economic situation.
Author :United Nations. Office of the High Commissioner for Human Rights Publisher : ISBN 13 : Total Pages :584 pages Book Rating :4.:/5 (319 download)
Book Synopsis Realizing the Right to Development by : United Nations. Office of the High Commissioner for Human Rights
Download or read book Realizing the Right to Development written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2013 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Book Synopsis Too Little, Too Late by : Martin Guzman
Download or read book Too Little, Too Late written by Martin Guzman and published by Columbia University Press. This book was released on 2016-05-10 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current approach to resolving sovereign debt crises does not work: sovereign debt restructurings come too late and address too little. Though unresolved debt crises impose enormous costs on societies, many recent restructurings have not been deep enough to provide the conditions for economic recovery (as illustrated by the Greek debt restructuring of 2012). And if the debtor decides not to accept the terms demanded by the creditors, finalizing a restructuring can be slowed by legal challenges (as illustrated by the recent case of Argentina, deemed as "the trial of the century"). A fresh start for distressed debtors is a basic principle of a well-functioning market economy, yet there is no international bankruptcy framework for sovereign debts. While this problem is not new, the United Nations and the global community are now willing to do something about it. Providing guidance for those who intend to take up reform, this book assesses the relative merits of various debt-restructuring proposals, especially in relation to the main deficiencies of the current nonsystem. With contributions by leading academics and practitioners, Too Little, Too Late reflects the overwhelming consensus among specialists on the need to find workable solutions.
Book Synopsis The Doctrine of Odious Debt in International Law by : Jeff King
Download or read book The Doctrine of Odious Debt in International Law written by Jeff King and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sovereign Debt and Human Rights by : Ilias Bantekas
Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-11-15 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Book Synopsis Report of the Independent Expert on the Effects of Foreign Debt and Other Related International Financial Obligations of States on the Full Enjoyment of All Human Rights, Particularly Economic, Social and Cultural Rights, Cephas Lumina by : Cephas Lumina
Download or read book Report of the Independent Expert on the Effects of Foreign Debt and Other Related International Financial Obligations of States on the Full Enjoyment of All Human Rights, Particularly Economic, Social and Cultural Rights, Cephas Lumina written by Cephas Lumina and published by . This book was released on 2010 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section I introduces the report. Section II provides a snapshot of Norway's policy frameworks on international development and debt relief. Section III briefly discusses the cancellation by Norway of the Ship Export Campaign debt. Section IV sketches the legal and policy frameworks of Ecuador on debt and human rights. Section V briefly discusses the Ecuadorian public debt audit. Section VI outlines the shared responsibility of creditors and debtors and applies this framework to aspects of the Norwegian decision to cancel the Ship Export Campaign debt and the Ecuadorian decision to conduct an audit of its debt portfolio. Section VII briefly highlights the role of civil society in both Norway and Ecuador relating to the respective decisions of each government to cancel the Ship Export Campaign debt and to conduct a national debt audit. Section VIII offers some conclusions and recommendations.
Book Synopsis Research Handbook on Corporate Restructuring by : Omar, Paul J.
Download or read book Research Handbook on Corporate Restructuring written by Omar, Paul J. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Book Synopsis Guidelines for Public Debt Management -- Amended by : International Monetary Fund
Download or read book Guidelines for Public Debt Management -- Amended written by International Monetary Fund and published by International Monetary Fund. This book was released on 2003-09-12 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: NULL
Download or read book The Debt System written by Éric Toussaint and published by Haymarket Books. This book was released on 2019-04-23 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A compelling explanation of the deep-seated mechanisms at work in the international credit system” from the coauthor of Debt, the IMF, and the World Bank (Counterfire). For as long as there have been rich nations and poor nations, debt has been a powerful force for maintaining the unequal relations between them. Treated as sacrosanct, immutable, and eternally binding, it has become the yoke of choice for imperial powers in the post-colonial world to enforce their subservience over the global south. In this ground-breaking history, renowned economist Éric Toussaint argues for a radical reversal of this balance of accounts through the repudiation of sovereign debt. “Since 2008 CADTM has campaigned for ‘a new doctrine of illegitimate, illegal, odious, and unsustainable debt’ cancellation. This doctrine includes considerations of whether the debtor state is democratic, whether it respects human rights, whether the debt is incurred within the framework of ‘structural adjustments’ (enforced austerity), and includes all debts incurred to pay back previous odious debts. On grounds of global social justice, The Debt System makes a strong case for this new doctrine.” —Against the Current “This work has much to commend it; it provides detailed analyses of the impact of indebtedness in several nations . . . The author shows that, contrary to orthodox arguments, debt repudiation can be both justified and successfully carried out. I recommend the book wholeheartedly.” —Counterfire
Book Synopsis A Jubilee Call for Debt Forgiveness by :
Download or read book A Jubilee Call for Debt Forgiveness written by and published by USCCB. This book was released on 1999 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sovereign Debt Restructurings 1950-2010 by : Mr.Udaibir S. Das
Download or read book Sovereign Debt Restructurings 1950-2010 written by Mr.Udaibir S. Das and published by International Monetary Fund. This book was released on 2012-08-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides a comprehensive survey of pertinent issues on sovereign debt restructurings, based on a newly constructed database. This is the first complete dataset of sovereign restructuring cases, covering the six decades from 1950–2010; it includes 186 debt exchanges with foreign banks and bondholders, and 447 bilateral debt agreements with the Paris Club. We present new stylized facts on the outcome and process of debt restructurings, including on the size of haircuts, creditor participation, and legal aspects. In addition, the paper summarizes the relevant empirical literature, analyzes recent restructuring episodes, and discusses ongoing debates on crisis resolution mechanisms, credit default swaps, and the role of collective action clauses.
Book Synopsis Global Waves of Debt by : M. Ayhan Kose
Download or read book Global Waves of Debt written by M. Ayhan Kose and published by World Bank Publications. This book was released on 2021-03-03 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global economy has experienced four waves of rapid debt accumulation over the past 50 years. The first three debt waves ended with financial crises in many emerging market and developing economies. During the current wave, which started in 2010, the increase in debt in these economies has already been larger, faster, and broader-based than in the previous three waves. Current low interest rates mitigate some of the risks associated with high debt. However, emerging market and developing economies are also confronted by weak growth prospects, mounting vulnerabilities, and elevated global risks. A menu of policy options is available to reduce the likelihood that the current debt wave will end in crisis and, if crises do take place, will alleviate their impact.
