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Mozambican Illegal Debts: Testing The Odious Debt Doctrine, Mauro Megliani
Mozambican Illegal Debts: Testing The Odious Debt Doctrine, Mauro Megliani
Vanderbilt Journal of Transnational Law
In June 2019, the Constitutional Council of Mozambique delivered a judgment declaring a financial transaction arranged by the government in violation of the parliamentary prerogatives in budgetary matters unconstitutional. This was only the tip of an iceberg consisting of a series of transactions tainted with corruption. In the face of this illegality, many antidebt campaigners have invoked the application of the odious debt doctrine to block the enforcement of contractual claims and the availability of restitutionary remedies. Under the odious debt doctrine, a debt is odious if, in the awareness of the creditors, it is contracted without the consent of …