A Critique of the Odious Debt Doctrine

22 Pages Posted: 17 Jan 2007  

Albert H. Choi

University of Virginia School of Law

Eric A. Posner

University of Chicago - Law School

Abstract

Defenders of the odious debt doctrine, which bars creditors from collecting sovereign debts that financed the personal consumption of former dictators, argue that this rule would benefit populations following dictatorships and discourage would-be dictators from staging coups in the first place. We show that optimism about the doctrine is based on unrealistic assumptions about the motives and practices of dictators. With more realistic assumptions, the odious debt doctrine could be beneficial or harmful, depending on circumstances. Defenders of the doctrine have not made the empirical case that the net benefits would be positive if the doctrine were incorporated into international law, and there is ample reason for skepticism that they would be.

Suggested Citation

Choi, Albert H. and Posner, Eric A., A Critique of the Odious Debt Doctrine. U of Chicago Law & Economics, Olin Working Paper No. 323. Available at SSRN: https://ssrn.com/abstract=957346 or http://dx.doi.org/10.2139/ssrn.957346

Albert H. Choi

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Eric A. Posner (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)

HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/

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