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Sovereign Debt and Human Rights$
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Ilias Bantekas and Cephas Lumina

Print publication date: 2018

Print ISBN-13: 9780198810445

Published to Oxford Scholarship Online: January 2019

DOI: 10.1093/oso/9780198810445.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 June 2021

Human Rights and Sovereign Debts in the Context of Property and Creditor Rights

Human Rights and Sovereign Debts in the Context of Property and Creditor Rights

Chapter:
(p.45) 3 Human Rights and Sovereign Debts in the Context of Property and Creditor Rights
Source:
Sovereign Debt and Human Rights
Author(s):

Arturo C Porzecanski

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810445.003.0004

The chapter reflects on the strikingly different origins of ‘human’ versus property and creditor rights, because the differences have implications. It then highlights the importance of the enforcement of property and creditor rights for the attainment of other human rights, especially those of an economic nature. There follows a discussion of the wide gap between aspirational human rights and economic reality and demonstrates the poorly understood interconnections between sovereign debt and human rights, because most writings on the topic fail to recognize the trade-offs and incompatibilities that arise because of existing property and creditor rights. Neglect of property and creditor-rights considerations has led many contemporary human rights advocates down an infertile intellectual and practical path.

Keywords:   Creditor rights, aspirational rights, property rights, social expenditures, debt burdens

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