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The Financial Obligation in International Law

The Financial Obligation in International Law

Author: Rutsel Silvestre J Martha
Publisher: Oxford University Press
ISBN: 9780198736387
Published In: March 2015
Format: Hardback , 672 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Provides the reader with an insights into financial obligations governed by international law
Discusses all aspects of international financial operations from a legal standpoint
Offers historical background and insights into theory and practice

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 not limited 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 financial transactions, 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.

Readership: Scholars and students of international economic and financial law; practitioners including government advisers

Part I. Introductory
1.: Money as the Deliverable
2.: Capabilities of International Law
Part II. International Nature of Obligations
3.: International Legal Obligation
4.: Inter-State Transactions
5.: Transactions Involving State-Entities and Government Departments
6.: Transactions Involving International Organisations
7.: International Financial Obligations Owed to Private Parties
Part III. Currency of Obligations
8.: The Currency of Account
9.: The Currency of Payment
Part IV. Value Risks of Obligations
10.: The Exchange Rate
11.: Nominalism
12.: Value Maintenance
13.: Substitution
Part V. Validity of Obligations
14.: Provisional Presumptions of Validity
15.: Capacity
16.: Authority
17.: Competence
18.: Appropriateness of the Object
19.: Unvetiated Declaration of Will
20.: Forms and Formalities
Part VI. Preliminary Obligations
21.: General
22.: Pactum De Negociando and Pactmude Contrahendo
23.: Obligation not to Defeate the Object of a Commitment
24.: Provisional Application
25.: Retroactive Financing
Part VII. Imposed Obligations
26.: General
27.: Self-Imposition of Financial Obligations
28.: Unilateral Impostion of Finacial Obligations
Part VIII. Consensual Obligations
29.: Deposit Liabilities
30.: Loan Liabilities
31.: Reciprocal Currency Swap Liabilities
Part IX. Conditional Obligations
32.: General
33.: Implied Conditions
34.: Expressed Conditions
35.: Waiver
Part X. Fiduciary Obligations
36.: General
37.: Agency
38.: Loan Administration
39.: Administrated Accounts
40.: Autonomous Patrimonies ("Trusts")
Part XI. Involuntary Obligations
41.: General
42.: Reimbursement of Undue Payment
43.: Negotiorum Gestio
44.: Compensation for Damages Caused by Lawful Acts
45.: Reparation for Damages Caused by Wrongful Acts
Part XIII. Ranking of Obligations
46.: The Equality Rule
47.: Subordination
48.: Secured Debts
49.: Preferred Creditor Status
Part XIII
50.: Performance
51.: Assignment
52.: Novation
53.: Succession
54.: Set-Off
55.: Prescription
56.: Termination

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 Professor of Law at the National University of Singapore and an Adjunct Professor of Law at the Washington College of Law of the American University in Washington.