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Banking and Finance Law

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Cornell University Law School

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2014

Public debt

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Full-Text Articles in Law

Rethinking Sovereign Debt: Politics, Reputation, And Legitimacy In Modern Finance, Odette Lienau Jan 2014

Rethinking Sovereign Debt: Politics, Reputation, And Legitimacy In Modern Finance, Odette Lienau

Cornell Law Faculty Publications

Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its loan obligations damages its reputation, inviting still greater problems down the road. Yet difficult dilemmas arise from this assumption. Should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing historical analysis of how sovereign debt continuity - the rule that nations should repay loans even after a major regime change or expect reputational consequences - became the …