The Financial Obligations in International Law

Hardcover | April 19, 2015

byRutsel Silvestre J. Martha

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This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligations created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensation of human rights victims, and sovereign debt crises. The claims resulting from the proliferation of financial activity are notlimited to those primarily involving financial obligations (e.g. loans and grants) but include secondary obligations resulting from the law on international responsibility. Among the many instances of financial obligation covered in this study, the reader will find inter-State financialtransactions, inter-State sale of goods, transnational services such as telecommunications and post, the financial operations of multilateral institutions, loans, grants and guarantees provided by the various international financial institutions, certain financial relations between non-State actors(including natural persons) and States, intergovernmental organizations or other international legal actors, and government loans to international organizations. Rich in historical detail and systematic in its coverage of contemporary law, this book will be valued by all practitioners and scholars with an interest in the nature of international financial obligations.

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This is the first volume to comprehensively and systematically study, describe, and theorize the financial obligations created and governed by public international law. Legal globalization has given rise to a number of financial issues in international law in areas as diverse as development financing, investment protection, compensatio...

Dr. Martha is a Dutch national with 30 years of experience in international law. He currently practices international law in London and was the General Counsel of the International Fund for Agricultural Development between 2008 and 2014. He is an Adjunct Professor of Law at the New York University School of Law and was a Visiting Prof...

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Format:HardcoverDimensions:656 pages, 9.69 × 6.73 × 1.57 inPublished:April 19, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019873638X

ISBN - 13:9780198736387

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Table of Contents

Part I. Introductory1. Money as the Deliverable2. Capabilities of International LawPart II. International Nature of Obligations3. International Legal Obligation4. Inter-State Transactions5. Transactions Involving State-Entities and Government Departments6. Transactions Involving International Organisations7. International Financial Obligations Owed to Private PartiesPart III. Currency of Obligations8. The Currency of Account9. The Currency of PaymentPart IV. Value Risks of Obligations10. The Exchange Rate11. Nominalism12. Value Maintenance13. SubstitutionPart V. Validity of Obligations14. Provisional Presumptions of Validity15. Capacity16. Authority17. Competence18. Appropriateness of the Object19. Unvetiated Declaration of Will20. Forms and FormalitiesPart VI. Preliminary Obligations21. General22. Pactum De Negociando and Pactmude Contrahendo23. Obligation not to Defeate the Object of a Commitment24. Provisional Application25. Retroactive FinancingPart VII. Imposed Obligations26. General27. Self-Imposition of Financial Obligations28. Unilateral Impostion of Finacial ObligationsPart VIII. Consensual Obligations29. Deposit Liabilities30. Loan Liabilities31. Reciprocal Currency Swap LiabilitiesPart IX. Conditional Obligations32. General33. Implied Conditions34. Expressed Conditions35. WaiverPart X. Fiduciary Obligations36. General37. Agency38. Loan Administration39. Administrated Accounts40. Autonomous Patrimonies ("Trusts")Part XI. Involuntary Obligations41. General42. Reimbursement of Undue Payment43. Negotiorum Gestio44. Compensation for Damages Caused by Lawful Acts45. Reparation for Damages Caused by Wrongful ActsPart XIII. Ranking of Obligations46. The Equality Rule47. Subordination48. Secured Debts49. Preferred Creditor StatusPart XIII50. Performance51. Assignment52. Novation53. Succession54. Set-Off55. Prescription56. Termination