Institut universitaire des hautes études internationales

The legal practice of the recovery of state external debts

Olivares Marcos, Gustavo Adolfo ; Kohen, Marcelo (Dir.) ; Jacquet, Jean-Michel (Codir.) ; Mavroidis, Petros (Codir.)

Thèse de doctorat : Université de Genève, 2003 ; HEI 697.

The study of the arbitral and judicial practice of the recovery of State external debts has received little attention in international economic relations. According to the prevailing theory, "sovereign debt litigation" it is almost inexistent or insufficient to provide a coherent field of study international law. By exploring a long list of selected cases on the recovery of State external debts,... Plus

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    Summary
    The study of the arbitral and judicial practice of the recovery of State external debts has received little attention in international economic relations. According to the prevailing theory, "sovereign debt litigation" it is almost inexistent or insufficient to provide a coherent field of study international law. By exploring a long list of selected cases on the recovery of State external debts, including another type of cases containing issues related to it, decided in a variety of arbitral and judicial jurisdictions, domestically and internationally, and by looking at the evolution of the principal methods deployed by creditors, and their States, for the recovery of State debts, from the end of the 18th century through the 19th and 20th centuries until 2003, this work shows that this primary assumption is false. This research paper provides for a fresh perspective for further research on the legal dimension of the external debt problem.