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Agency by analogy: a comment on odious debt.
- Article from:
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Law and Contemporary Problems
- Article date:
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September 22, 2007
- Author:
- DeMott, Deborah A.
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Copyright informationCOPYRIGHT 2007 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I
INTRODUCTION
This brief article focuses on how one might think about the phenomenon of odious debt from the standpoint of common-law agency. Though this analogy has its flaws, some useful insights can be gathered by examining the similarities and differences between the two doctrines, especially when contemplating the theory of liability in the sovereign context.
The odious debt phenomenon itself is well described in other literature. (1) Although aspects of agency doctrine appear to hold promise as solutions for odious debt incurred by a sovereign borrower, this promise may be offset by other agency doctrines. More generally, it is important to keep in mind ...
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