Халықаралық құқықтағы "жалақысыз қарыз" теориясы

International law legal theory
In international law, odious debt, also known as illegitimate debt, is a legal theory that says that the national debt incurred by a despotic regime should not be enforceable. Such debts are, thus, considered by this doctrine to be personal debts of the government that incurred them and not debts of the state. In some respects, the concept is analogous to the invalidity of contracts signed under coercion. Whether or not it is possible to discharge debts in this manner is a matter of dispute.

Patricia Adams, executive director of Probe International, a Canadian environmental and public policy advocacy organization and author of Odious Debts: Loose Lending, Corruption, and the Third World's Environmental Legacy, stated: "by giving creditors an incentive to lend only for purposes that are transparent and of public benefit, future tyrants will lose their ability to finance their armies, and thus the war on terror and the cause of world peace will be better served." In a Cato Institute policy analysis, Adams suggested that debts incurred by Iraq during Saddam Hussein's reign were odious because the money was spent on weapons, instruments of repression, and palaces. A 2002 article by economists Seema Jayachandran and Michael Kremer renewed interest in this topic. They propose that the idea can be used to create a new type of economic sanction to block further borrowing by dictators. Jayachandran proposed new recommendations in November 2010 at the 10th anniversary of the Jubilee movement at the Center for Global Development in Washington, D. C. Subsequently, the loan sanctions model has been adopted by the Centre for Global Developments and has been the base for a number of further suggestions. Some think the doctrine could aid international development. Others think that the doctrine should allow even more kinds of debt to be canceled.

After acquiring Puerto Rico through the Spanish–American War, the United States refused to pay the colony's creditors, asserting they held odious debt. In December 2008, Ecuadorian President Rafael Correa attempted to default on Ecuador's national debt, calling it illegitimate odious debt, because corrupt and despotic prior regimes contracted it. He succeeded in reducing the price of the debt letters before continuing paying the debt. After the overthrow of Haiti's Jean Claude Duvalier in 1986, there were calls to cancel Haiti's debt owed to multilateral institutions, calling it unjust odious debt, and Haiti could better use the funds for education, health care, and basic infrastructure. As of February 2008, the Haiti Debt Cancellation Resolution had 66 co sponsors in the U. S. House of Representatives. Several organizations in the United States issued action alerts around the Haiti Debt Cancellation Resolution, and a Congressional letter to the U. S. Treasury, including Jubilee USA, the Institute for Justice & Democracy in Haiti and Pax Christi USA.