Artigo de Periódico
As dívidas odiosas e o direito internacional
Fecha
2016Autor
Aziz Tuffi Saliba
Maria Clara de Melo Masci Valadão Cardoso
Institución
Resumen
The present article will discuss the accordance of the doctrine of the odious debts with international law. It aims to assess whether any rule of international law prohibits its application. It also intends to verify if the theory can be invoked as grounds for exemption of international obligations. In order to do so, this work will analyze the arguments brought before international arbitral tribunals, domestic courts and scholarly writings dealing with the issue. It is verified that the cases of non-application of the doctrine resulted from political and economic factors rather than from a legal objection. Thus it is demonstrated that there is no rule of international law prohibiting its the invocation. Conclusively, it is stated that the application of the doctrine is possible when the requirements for characterization are met.