Sovereign Debt and Human Rights

Ilias Bantekas FCIArb is Professor of International Law and Arbitration at Brunel and Northwestern (HBKU Qatar) universities and a senior fellow at the Institute of Advanced Legal Studies of the University of London. He has consulted governments, international organisations, private clients and NGOs in most areas of international law and regularly acts as arbitrator. Key works include: International Human Rights Law and Practice (2nd ed, CUP 2016 with L Oette); International Law (3rd ed, OUP 2017, with E Papastavridis); and Introduction to International Arbitration (CUP 2015).Cephas Lumina is full Research Professor of Law at the University of Fort Hare, an Extra-Ordinary Professor of Human Rights Law at the Centre for Human Rights, University of Pretoria, an Advocate of the High Court of Zambia and the former United Nations Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights (2008-2014). His work, particularly the UN Guiding Principles on Foreign Debt and Human Rights, is considered as having changed the political and legal landscape in the area of sovereign debt and human rights. He has consulted for various regional and international organisations, governments and non-governmental organisations on human rights and related issues. He is currently a Member of the United Nations Committee on the Rights of the Child (2017-2021).

an insightful and worthy addition to this literature. ... scholars with a genuine interest in sovereign debt will appreciate a collection that provides a robust and impassioned critique of the demonstrable failure of recent responses to sovereign debt. In this respect, the edited collection serves as a vital addition to an ongoing debate of great importance.

• Ilias Bantekas and Cephas Lumina: Sovereign Debt and Human Rights: An IntroductionPart I - The Historical, Economic and Political Context of Sovereign DebtChapter 1: Kim Oosterlinck: The Historical Context of Sovereign DebtChapter 2: Rosa María Lastra and Vassilis Paliouras: Sovereign Debt Crises: A Problem of Debt Management?Chapter 3: Arturo C. Porzecanski: Human Rights and Sovereign Debts in the Context of Property and Creditor RightsPart II - Sovereign Debt Financing: Institutions and ModalitiesChapter 4: Mauro Megliani: Private Loans to Sovereign BorrowersChapter 5: Sara L. Seck and Daniela Chmisso dos Santos: Export Credits, Sovereign Debt, and Human RightsChapter 6: María José Romero and Bodo Ellmers: The Financial and Social Cost of Public Private PartnershipsChapter 7: Matthias Goldmann: Foreign Investment, Sovereign Debt and Human RightsChapter 8: Aline Darbellay Susso: The Role of Credit Rating Agencies in Sovereign Debt MarketsPart III - The Impact of Sovereign Debt on Human RightsChapter 9: Cephas Lumina: Sovereign Debt and Human Rights: Making the ConnectionChapter 10: Olivier De Schutter: Sovereign Debt and the Right to FoodChapter 11: Tim Jones: Sovereign Debt and the Right to HealthChapter 12: Ilias Bantekas: Sovereign Debt and its Impact on the Right to EducationChapter 13: Gail Hurley: Sovereign Debt and the Right to DevelopmentChapter 14: Ilias Bantekas: Sovereign Debt and Self-DeterminationChapter 15: Juan Pablo Bohoslavsky and Franz Christian Ebert: Debt Crises, Economic Adjustment and Labour StandardsChapter 16: Sarah Joseph: Sovereign Debt and Civil/Political RightsChapter 17: Cephas Lumina and Mulesa Lumina: Illicit Financial Flows, Sovereign Debt and Human RightsPart IV - The Impact of Economic Adjustment Policies on Human RightsChapter 18: Barry Herman: Towards a More Ethical Lending to SovereignsChapter 19: Thomas Stubbs and Alexander Kentikelenis: Conditionality and Debt Relief: An OverviewChapter 20: Ben Warwick: Debt, Austerity and the Structural Responses of Social RightsChapter 21: Juan Pablo Bohoslavsky: Guiding Principles to Assess the Human Rights Impact of Economic Reforms?Part V - Human Rights-Based Responses to Sovereign Debt CrisesChapter 22: Margot E. Salomon and Robert Howse: Odious Debt, Adverse Creditors and the Democratic IdealChapter 23: Martin Guzman and Joseph E Stiglitz: A Soft Law Mechanism for Sovereign Debt Restructuring Based on the UN PrinciplesChapter 24: Ilias Bantekas: A Sovereign Debt Arbitral Mechanism from a Human Rights PerspectiveChapter 25: Maria Lucia Fattorelli: Citizen Debt AuditsChapter 26: Cephas Lumina: Curbing 'Vulture Fund' LitigationChapter 27: Francesco Seatzu: Sustainable Financing through Domestic Resource Mobilization (DRM): The Role of International LawChapter 28: Ilias Bantekas: The Right to Unilateral Repudiation of Odious, Illegal and Illegitimate Sovereign Debt as a Human Rights DefenceIlias Bantekas and Cephas Lumina: Conclusion