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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.

Legislation and precedents

Proposal to declare foreign debt incurred by military regime odious  by Mario Cafiero, MP
Legislation contesting the legitimacy of Argentine foreign debt contracted during seven years of military rule will be debated next week by the National Congress of Argentina. November 11/2004

Appeal Judgment - Crown v. Lahmeyer International GmbH (PDF file)
The full judgment pertaining to the Lesotho Court of Appeals decision to uphold the conviction of Lahmeyer International on several counts of bribery connected to the Lesotho Highlands Water Project. April 10/2004

Crown v. Lahmeyer International GmbH (PDF file)
The Crown has noted a cross-appeal in respect of four of the counts on which Lahmeyer was acquitted. It also seeks to appeal against what it claims to be the leniency of the sentences imposed. Summary of Appeal  March 22/2004

Crown's Heads of Argument: Appellant's Appeal  by G.H. Penzhorn SC
"Certainly in the eyes of the international community Lahmeyer looks far less blameworthy than does Acres, when in truth it is at least, if not more blameworthy." The Lesotho Court of Appeals  February 26/2004

Appeal Judgment - Crown v. Acres International Ltd. (PDF file)
The Lesotho Court of Appeal judgment in full, confirming the conviction of Acres International Limited on Count 1 and setting aside the conviction on Count 2. August 15/2003

Appeal Judgment - Crown v. Masupha Ephraim Sole (PDF file)
The Lesotho Court of Appeal judgment in full, confirming the conviction of Mr. Sole, the former head of the Lesotho Highlands Development Authority. April 14/2003

Acres Judgment (PDF file)  by Hon. Mr Justice M L Lehohla
Acres International Ltd. was found guilty of the crime of bribery over the period June 1991 to January 1998, when Acres paid/transferred funds into a Swiss Bank Account held by Zalisiwonga Mini Bam. September 13/2002

Acres' Written Argument as submitted to the Lesotho Crown (PDF file)
This document was submitted by Acres International during the closing arguments heard June 22 - June 25/2002

Crown's Heads of Arguments - Crown v. Acres (PDF file)
June 14/2002

Sentence handed down in Rex v. Masupha Ephraim Sole (PDF file)
June 4/2002

Crown v. Masupha Ephraim Sole (PDF file)
The full court judgment against Mr. Sole, head of Lesotho Highlands Water Project, convicted of accepting bribes from Acres and 11 other engineering companies and sentenced to 18 years in prison, is available here in a Portable Document Format (PDF). May 20/2002

Notice of World Bank debarment proceedings against Acres International Ltd. (PDF file)
The World Bank later announced there was "insufficient evidence" to debar Acres from future World Bank contracts, but warned Acres this was an interim decision it would revisit. August 21/2001

Crown v. Lahmeyer International GmbH
Court indictment and charges of 12 counts of bribery against German engineering company, Lahmeyer International GmbH, in the Lesotho Highlands Water Project. March 6/2001

Indictment v. Acres International (PDF file)
Court indictment and charges of of bribery against Canadian company, Acres International Limited, in the Lesotho Highlands Water Project. March 6/2001

Indictment - The Crown versus Jacobus Michiel Du Plooy (PDF file)
March 5/2001

Olmos, Alejandro S/dcia- Expte N° 7.723/98 (PDF file)
The Argentine Federal Court ruling which held that a substantial portion of Argentina’s foreign debt is rooted in fraudulent and illegitimate loans amassed during the country’s military period. (in Spanish) July 13/2000

Corruption of Foreign Public Officials Act (Canada)
Canada's legislation on corruption of foreign public officials and the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. December 10/1998

Inter-American Convention Against Corruption
March 29/1996

IBRD, Articles of Agreement: Article III, section 5
IBRD Articles of Agreement require the bank to "make arrangements to ensure that the proceeds of any loan are used only for the purposes for which the loan was granted." World Bank  February 16/1989

Foreign Corrupt Practices Act (U.S.)
The FCPA prohibits corrupt payments to foreign officials for the purpose of obtaining or keeping business. The Department of Justice is the chief enforcement agency, with a coordinate role played by the Securities and Exchange Commission (SEC). December 6/1977

Arbitration between Great Britain and Costa Rica  by William H. Taft
This is a proceeding under a treaty of arbitration between Great Britain and Costa Rica. The ratifications of the treaty were exchanged on March 7, 1923. October 18/1923

Great Britain v. Costa Rica  by Sir John Fischer Williams and H. Lauterpacht (editors)
Annual Digest of Public International Law Cases  October 18/1923

Tinoco Arbitration
Convention between the British Government and the Government of Costa Rica for the submission to arbitration of certain claims against the government of Costa Rica, signed at San Jose de Costa Rica, January 12, 1922 March 7/1923

Charter of the United Nations (PDF file)
The representatives of 50 countries met at San Francisco from April 25 to June 26, at the United Nations Conference International Organization, and drew up the United Nations Charter that came into force on October 24, 1945.

Treaty of Peace between Spain & the United States
Apr 11, 1899



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