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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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

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

Chapter:
(p.1225) A History of the Doctrine of Odious Debts: Serving Individual/Bilateral or Community Interests?
Source:
From Bilateralism to Community Interest
Author(s):

August Reinisch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0075

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

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