Skip to main content

Demystifying Alexander Nahum Sack and the doctrine of odious debt

Eric Tousaint’s study of the odious debt doctrine

by Eric Toussaint

Part 15 - Arguments used by Taft which could inspire Greece, Argentina, Tunisia, etc.

Certain arguments used by Taft are useful to the cause of the Greeks and other peoples groaning under the weight of debt.

Taft asserts that the debts and other obligations contracted by Tinoco are null and void because he did not adhere to the constitution he himself had had adopted after his coup. That constitution stipulated that the type of obligations Tinoco had contracted required a joint vote of the Senate and the Chamber of Deputies. However, only the Chamber of Deputies had voted in favour of granting the oil concession and the tax exemptions to the British company. Consequently, according to Taft, the contract was not valid.

As many Greek jurists and the Greek Debt Truth Commission have pointed out, Articles 28 and 36 of the Greek constitution were violated at the time of the adoption of the Memorandum of Understanding of 2010, which resulted in the accumulation of a new debt of 120 billion euros. Regardless of the democratic or non-democratic nature of the regime in place in Greece, the fact that it contracted obligations toward creditors in violation of the Greek constitution, is in itself an argument for nullity. Obviously numerous other arguments can be added to that one in establishing the legality of repudiating the debts whose repayment is being demanded by Greece’s current creditors.

If we move to another spot on the planet, that argument could also be used in Argentina to justify repudiation of the obligations contracted with foreign creditors by the various democratic regimes that have succeeded one another since the fall of the dictatorship in 1983. Argentina’s constitution does not allow the courts of another State to be given jurisdiction when the nation contracts debts or other types of obligations.

Another argument in the opinion handed down by Taft is useful. Recall that Taft declared that the Bank “[…] must make out its case of actual furnishing of money to the government for its legitimate use.” It is clear that the creditors who have granted loans to Greece, Portugal, Cyprus, Ireland and Spain since 2010 are incapable of demonstrating “furnishing of money to the government for its legitimate use”, since that money has served mainly to repay foreign banks in the major lender countries and the loans were granted on condition that policies contrary to the interests of the country be conducted.

This argument also applies to the debts contracted by Tunisia and Egypt after the fall of those dictatorships in 2011. The debts were not contracted in the interests of the people and of the nation. They were not contracted for legitimate purposes.

In conclusion, the interest of Taft’s ruling is that it does not base the nullity of the debts claimed against Costa Rica on the despotic nature of the regime that contracted them. Taft’s ruling is founded on the use that was made of the loans and on adherence to the country’s internal legal standards. Taft’s ruling affirms that while in principle there is a continuity of obligations of States even in the case of a change of regime, those obligations may be repudiated if the funds borrowed were not used for legitimate purposes. He adds that if the contracts resulted in violation of the internal rules in force in the country (for example its constitution) or contain irregularities, that country has the legal right to repudiate those contracts.

We have no sympathy for Taft and it is obvious that his motives were anything but disinterested. But whether we like it or not, Taft’s arbitration constitutes an international reference for application of the law with respect to debts and other obligations. It is fundamental for States to avail themselves of their right to repudiate illegitimate debts.

Source and references:


[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [16] [17] [18] [19] [20]

Comments

Popular posts from this blog

Trump's tariffs: A unique opportunity for BRICS and the Global South to fully escape from dollar tyranny

globinfo freexchange   Does Trump know what he is doing? Well, yes and no. While many interpretate his latest move, mostly as an attempt to halt China, his main goal is to give the final blow to the neoliberal order on behalf of his oligarchs .  From this perspective, Trump's unprecedented decision to decide mass tariffs against almost everyone, was an act of strategic hit against the global free market neoliberalism, with the financial capital  at its top. And that's because this dominant-for-almost-half-century system, identifies restrictions and protectionism as major threats against its own existence. In other words, Trump acted as a commander of the capitalist faction that wants to beat its neoliberal rivals and put itself in charge, through a new transformation of capitalism into a 21st century corporate feudalism.   Concerning China, Trump's move may have some negative impact on its economy for a while, since China has chosen to partially play by the rule...

Deranged euroclowns want to revive a nazi-origin project!

globinfo freexchange   Behind the ridiculously cartoonish latest spot of the EU that gives "instructions" to the European citizens on how to deal with a major crisis during the first hours, lies a secret desire.    The deranged euroclowns of the crypto-fascist extreme center , are trying to build up a condition of consent inside the minds of Europeans, which is related to their biggest wet dream: an autonomous imperialist European army. The idea was not born suddenly because of Trump's hostile attitude against his own allies. From the early 50s, pan-European networks of neo-Nazis were created. In May 1951, the European Social Movement (MSE) was founded in Malmö, Sweden. Essentially, it was about projecting the ideology of the German SRP on a pan-European level. The MSE, which would remain active until the 1980s, proclaimed the need for Europe to emancipate itself from the divisive tutelage of the USA and the USSR, called for the defense of the “European race” against th...

Neoliberalism Needs To Go

Second Thought  

Netanyahu BRAGS About Genocide - And Our Media COVERS IT UP

Owen Jones  

Google Imports Ex Israeli Spies, The Genocide Resumes, Cruel Britannia

by Nate Bear   Part 3 - Cruel Britannia   The UK is moving ahead with large welfare cuts for disabled people, including those with cancer. On TV the other day, the UK’s health secretary Wes Streeting said that people with cancer should be in work, not at home resting. Alongside this, the government has said that to cut youth employment it will push young people to join the army. This, of course, is in the context of a massive expenditure on military weapons in the face of the Russian bogeyman.   What’s happening in the UK under a nominally centre-left Labour government is a good reminder that there is never a lesser evil if your leaders are neoliberals. Balancing the books on the backs of the poorest and most vulnerable in society is the north star of all neoliberals, whether they call themselves centrists, left wing or right wing. Cruelty is the policy and the point.    Yet the last few years have also been a good reminder that everything is a choice. Cov...

Trump Speeds Up FALL OF THE WEST With Tariff War

Owen Jones     Related:   Trump's tariffs: A unique opportunity for BRICS and the Global South to fully escape from dollar tyranny

UN rapporteur Francesca Albanese: World is watching a live genocide in Gaza and doing nothing

The New Arab   As Israel’s war on Gaza enters its 19th month, UN Special Rapporteur Francesca Albanese is sounding the alarm louder than ever: the world is watching a live genocide — and doing nothing to stop it. In an exclusive interview with The New Arab , Albanese describes the devastation in Gaza as unparalleled since WWII. Entire neighbourhoods lie in ruins, tens of thousands are dead, and 91% of Gaza’s population is at risk of malnutrition. Over 60,000 children show signs of cognitive impairment due to starvation.  “This is not just war. This is genocide in real time,” she says. “What we are seeing now is the destruction of a people who refuse to leave.” Despite UN mandates and international law, Albanese says the global system is paralysed, and governments, corporations, and even universities are complicit. “If Palestine were a crime scene, it would bear all our fingerprints.”

US Official EXPOSES Truth About Gaza From The Inside

Owen Jones  

Google Imports Ex Israeli Spies, The Genocide Resumes, Cruel Britannia

by Nate Bear   Part 2 - The genocide resumes   The day before the Wiz deal, Israel resumed its genocide of Gaza with an unhinged bloodthirsty rampage, the deadliest twenty-four hours in the last nearly eighteen months of genocide. A high bar had been set, and it was cleared. They attacked at night, itself an act of utter cowardice and sadism, and slaughtered hundreds as they slept in tents. In tents. Close to one hundred babies and young children were killed. The overall death toll exceeds 400 and is rising. As expected, there is not a flicker of condemnation from world leaders, many of whom are arming Israel with the weapons and intelligence it needs for genocide. The British air force spent the ceasefire period gathering intelligence on Palestinians and feeding it to Israel so they could restart the mass murder efficiently.  The genocide is the end of the west. It destroys any claim to moral superiority over Russia, China, Iran or any of the officially designated bad g...