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The Third World's Odious Debt
The South makes compelling moral arguments to cancel its foreign debts. But, it also has an indisputable legal case because the overwhelming majority of those debts are odious in law.
"If a despotic power incurs a debt not for the needs or in the interest of the State, but to strengthen its despotic regime, to repress the population that fights against it, etc., this debt is odious for the population of all the State."
- Alexander Sack, 1927
In 1927, Alexander Sack the world's pre-eminent legal scholar on public debts, defined the Doctrine of Odious Debts, which remains the ultimate legal source on that subject. The Doctrine of Odious Debts, though now 70 years old, helps bring clarity to today's complicated Third World debt situation, and fairness to a tragedy in which innocent Southern citizens pay, and corrupt and negligent borrowers and lenders get away scot-free.

News articles - Iraq

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The Observer, UK   July 13/2003

Outrage at US plan to mortgage Iraqi oil   by Faisal Islam

American plans to mortgage Iraq's future oil supplies to pay for expensive postwar reconstruction work risk a repeat of mistakes made with Germany after the First World War, debt relief campaigners said this weekend. Much of the revenue will be securitised over at least a decade under the proposals being pushed by the US Export Import Bank, the Bush administration's trade promotion body, and a lobbying group that includes key American contractors Bechtel and Halliburton.

Reports suggest that $30 billion of loans will be backed by Iraq's reserves, the second biggest in the world.

Anne Pettifor, head of the Jubilee Plus debt relief campaign, said 'It is outrageous that the poor people of Iraq will be lumbered with billions of dollars of debt that will be used to boost the share prices of Wall Street financiers and US construction giants.'

She warned against the coalition 'using the instrument of debt to control Iraq', after it leaves. Such a motive was behind the way Germany was treated after 1918, provoking resentment that eventually encouraged the rise of Adolf Hitler.

The World Bank has said such commitments should only be made by a sovereign Iraqi government. The plans will complicate a conference on Iraq's existing $120bn debt, which the US wants European powers to cancel.

The Department for International Development would not rule out British participation in the scheme.

http://www.guardian.co.uk/Iraq/Story/0,2763,997055,00.html

Related article: U.S. firms seek future oil revenues for reconstruction, by Warren Vieth, Los Angeles Times, USA, July 12, 2003



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