Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-p2v8j Total loading time: 0.001 Render date: 2024-05-29T10:05:40.252Z Has data issue: false hasContentIssue false

10 - Debt Audits: A Necessary Precondition to Credible Exchanges

Published online by Cambridge University Press:  01 June 2011

Julia Roy
Affiliation:
University of New South Wales
Ross P. Buckley
Affiliation:
University of New South Wales, Sydney
Get access

Summary

A sovereign debt ‘exchange’ is not a simple charitable gift, but a conversion of an original financial or trade transaction that benefits both debtor and creditor. There is evidence that some originating transactions gave rise to sovereign debt that is odious or illegitimate. If the debt is illegitimate, any future transactions that deal with the debt – including exchanges – may also be illegitimate. Allegations of illegitimacy cannot be confirmed or denied without access to the details of the debts' originating transactions. Therefore, in order to assess the legitimacy of a proposed debt exchange, the debts' originating transactions must first be examined and deemed legitimate, in a public debt audit.

In order to conduct a public debt audit, the information disclosed must be sufficient to answer four questions: how much is owed, by whom is it owed, for what is it owed, and is it really owed (i.e., is it legitimately owed)? Answering the final question requires the most information. This includes the essential terms of the contract and/or rescheduling, such as rates of interest, and off-balance sheet conditions, such as buy-back agreements; the benefit received by the foreign population; evidence of due diligence, in particular whether the capacity of the future debtor was examined and the content of any environmental impact statements; and the intended and actual use of funds to show that they were not used to bribe foreign officials.

Type
Chapter
Information
Debt-for-Development Exchanges
History and New Applications
, pp. 117 - 127
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Hickey, Scott, “Risky Business”, UNSW Law Journal 32(2) (2009): 587Google Scholar
Buchheit, Lee and Gulati, Mitu, “Odious Debts and Nation Building: When the Incubus Departs”, Maine Law Review 60 (2008): 2478Google Scholar
Feinerman, James, “Odious Debt, Old and New: The Legal Intellectual History of an Idea”, Law and Contemporary Problems 70 (2007): 193Google Scholar
Rasmussen, Robert, “Sovereign Debt Restructuring, Odious Debt, and the Politics of Debt Relief”, Law and Contemporary Problems 70(2) (2007): 251Google Scholar
Gianturco, Delio E., Export Credit Agencies: The Unsung Giants of International Trade and Finance (Westport: Quorum Books, 2001), 1Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×