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Vol 23 No 5 May/June 2018

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Sovereign Debt and Human Rights

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ISBN13: 9780198810445
To be Published: November 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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.

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Subjects:
Human Rights and Civil Liberties, Banking and Finance
Contents:
Introduction, Ilias Bantekas and Cephas Lumina
I: The Historical, Economic and Political Context of Sovereign Debt
1: The Historical Context of Sovereign Debt, Kim Oosterlinck
2: Sovereign Debt Crises: A Problem of Debt Management?, Rosa Maria Lastra and Vassilis Paliouras
3: The Importance of Upholding Creditor Rights, Arturo Porzecanski

II: Sovereign Debt Financing: Institutions and Modalities
4: Private Loans to Sovereign Borrowers, Mauro Megliani
5: Export Credits, Sovereign Debt, and Human Rights, Sara L Seck and Daniela dos Santos
6: The Financial and Social Cost of Public Private Partnerships, Maria Jose Romero and Bodo Ellmers
7: Foreign Investment and Sovereign Debt, Matthias Goldman
8: The Role of Credit Rating Agencies, Aline Darbellay Suso

III: The Impact of Sovereign Debt on Human Rights
9: Sovereign Debt and Human Rights: Making the Connection, Cephas Lumina
10: The Burden of Foreign Debt, Food Sovereignty and the Right to Food, Olivier De Schutter
11: Debt and the Right to Health, Tim Jones
12: Debt and its Impact on the Right to Education, Ilias Bantekas
13: Debt and the Right to Development, Gail Hurley
14: Debt and the Right to Self-Determination, Ilias Bantekas
15: Debt Crises, Economic Adjustments, and Labour Standards, Juan Pablo Bohoslavsky and Franz Ebert
16: The Impact of Debt on Civil and Political Rights, Sarah Joseph
17: Illicit Financial Flows, Sovereign Debt, and Human Rights, Cephas Lumina and Mulesa Lumina

IV: The Impact of Economic Adjustment Policies on Human Rights
18: Towards a More Ethical Lending to Sovereigns, Barry Herman
19: Conditionality and Debt Relief: An Overview, Alex Kentikelenis and Thomas Stubbs
20: Austerity Measures and Human Rights, Ben Warwick
21: Privatization and Human Rights, Cephas Lumina

V: Human Rights-Based Responses to Sovereign Debt Crises
22: The Impact of Austerity on Women, Cephas Lumina and Kate Lappin
23: Sovereign Debt as Odious/Illegitimate: Perspectives from International Law and Human Rights, Robert Howse and Margot Salomon
24: A Human Rights-Based Approach to Debt Sustainability, Martin Guzman and Joseph Stiglitz
25: An International Sovereign Debt Restructuring Mechanism, Ilias Bantekas
26: Citizen Debt Audits, Maria Lucia Fatorelli
27: Dealing with Holdout Creditors ("Vulture Funds"), Eric Le Compte
28: Ensuring Sustainable Financing through Domestic Resource Mobilisation, Francesco Seatzu
29: Unilateral Default and Debt Repudiation as a Human Rights Defence, Ilias Bantekas

Conclusion, Ilias Bantekas and Cephas Lumina