SSRN Home Search and Download Papers Browse Abstract and Paper Submission Subscribe to Networks View Briefcase Top Papers Top Authors Top Institutions

 

Abstract

 
 

Citations (1)

Beta

 
 

Footnotes (68)

Beta

 


 


Download | Share | Email | Add to Briefcase | Buy Hard Copy

Odious Debt, Odious Credit, Economic Development, and Democratization

Tom Ginsburg
University of Chicago Law School

Thomas S. Ulen
University of Illinois College of Law


April 2007

U Illinois Law & Economics Research Paper No. LE07-014

Abstract:     
The problem of odious debt typically arises when a despotic regime has incurred substantial sovereign debt and is then succeeded by a less-despotic, possibly democratic, regime that seeks to repudiate that debt. There is no agreed-upon method for dealing with attempts to repudiate odious debt. We examine the shortcomings of three proposed methods of dealing with odious debt—doing nothing and letting the international community deal with instances on a case-by-case basis, establishing an international committee to identify sovereign debt ex ante as odious, and establishing an international tribunal to adjudicate ex post claims for repudiation. We find both principled and practical difficulties with each of these methods.

We also identify the associated but little-remarked problem of the odious creditor, one who will lend to the most heinous regime, typically for reasons of national expediency.

We propose that the decision to allow repudiation should take into account the realities of international relations and the broad goals of the international community and the international financial institutions to foster economic development and democratization. We suggest that the IFIs establish a well-crafted fund and insurance scheme to which creditors and nations seeking to repudiate odious debt can appeal for assistance. We recognize that there are moral hazard and adverse selection problems, as with any insurance scheme. Nonetheless, we believe that this scheme offers more flexibility and is far more practicable and acceptable to the international community than any other corrective heretofore proposed.

Working Paper Series

Date posted: April 23, 2007 ; Last revised: September 16, 2008

Suggested Citation

Ginsburg, Tom and Ulen, Thomas S., Odious Debt, Odious Credit, Economic Development, and Democratization (April 2007). U Illinois Law & Economics Research Paper No. LE07-014. Available at SSRN: http://ssrn.com/abstract=981627


Export to: Export Citation What's this?

Contact Information

Tom Ginsburg (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
Thomas S. Ulen
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
Feedback to SSRN (Beta)


Paper statistics
Abstract Views: 453
Downloads: 89
Download Rank: 85,598
Citations: 1
Footnotes: 68
People who downloaded
this paper also downloaded:

1. A Critique of the Odious Debt Doctrine
By Albert Choi and Eric Posner

© 2009 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use  Privacy Policy
This page was served by apollo6 in 0.093 seconds.