Download Claims against Iraqi Oil and Gas: Legal Considerations and by Rex J. Zedalis PDF

By Rex J. Zedalis

This quantity provides the 1st and in basic terms finished exam of the criminal concerns surrounding foreign debt restoration on claims opposed to Iraqi oil and fuel. as well as providing a image view of Iraq's notable debt responsibilities and an research of the importance of the idea of odious debt within the context of the Iraqi scenario, the record of felony concerns tested comprises proper provisions of the Iraqi structure of 2005, controlling safety Council resolutions, pertinent articles of the KRG oil and fuel legislations (No. 22) of 2007 and the various nuanced and technical questions raised thereby, criminal pronouncements aimed toward keeping Iraqi oil and fuel and people followed in chosen different international locations, and normal difficulties linked to reputation and enforcement of awards or judgments that can contain such oil and fuel or sales from the sale thereof. additionally mentioned are the teachings discovered via the dealing with of the Iraq debt adventure and the transferability of these classes to destiny occasions during which resource-rich countries can have striking monetary duties to different individuals of the area neighborhood or their nationals.

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21 Reviewing the nations represented by the claimants in the six categories recognized by the UNCC, more than 300,000 of the roughly 923,000 resolved Category A claims were Egyptian nationals and more than 112,000 claims were from Indian nationals. Collectively, these two countries accounted for about 40 percent of all Category A claims. 22 Approximately 5,700 resolved claims were from Category B claimants, with many of the same Category A nationalities represented. However, more than 50 percent involved Kuwaitis, with a total of approximately three thousand claims.

DSP=content&ContentID=7131 (accessed Feb. 11, 2009). See Robert Looney, “Bean Counting in Baghdad: Debt, Reparations, Reconstruction, and Resources,” 7 Middle East Rev. of Int’l Affairs 60, at 65–66 (Sept. pdf (accessed Feb. 11, 2009). See “Top Advisor Backs Debt Forgiveness,” Financial Times (12 June 2003). The Legal Theory of “Odious Debt” 25 by Alexander Nahum Sack (Aleksandr Naumovich Zak),7 a Russianborn e´ migr´e to Paris (and then to the United States), in 1927 in the French-language work Le Effets de transformations des Etats sur leurs dettes publiques et autres obligations financieres (The Effects of the Transformation of States on Public Debts and Other Financial Obligations).

But to declare a debt odious certain conditions must be met: 1. The debt must have been incurred without the consent of the people; 2. The debt cannot have benefited the people of the debtor country; and 3. The lenders must have been aware of the preceding conditions. ”17 It would certainly appear from the permitted reach of the theory’s original formulation that modern advocates have attempted to extend it well beyond situations in which it was deemed by its first articulator to actually apply.

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