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Martha Nussbaum proposes a kind of feminism that is genuinely international.
"Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently iss...
This book fills the normative gap arising from the absence of a multilateral mechanism for sovereign debt restructuring.
The book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals. Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in histor...
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women’s continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life. House Rules critically explores the intertwining of norms and laws that govern familial relationships. The authors in this incisive collection engage with four countries – Canada, the United States, the United Kingdom, and Taiwan – and expose the ingrained and unsettled norms that affect families and the law’s role in regulating them. Over recent decades, the law has struggled to adjust to transformations in what typifies the structures and practices of family life. House Rules provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
"This book comprehensively but succinctly tells the story of LatCrit's emergence and sustainable presence as a scholarly and activist community within and beyond the US legal academy, finding its place alongside such other schools of critical legal knowledge as Feminist Legal Theory and Critical Race Theory that aim to combust social and legal transformative change"--
'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' – Scott Boorman, Yale university, US 'This is a brilliant, highly original analysis of ...
Developing country debt crises have been a recurrent phenomenon over the past two centuries. In recent times sovereign debt insolvency crises in developing and emerging economies peaked in the 1980s and, again, from the middle 1990s to the start of the new millennium. Despite the fact that several developing countries now have stronger economic fundamentals than they did in the 1990s, sovereign debt crises will reoccur again. The reasons for this are numerous, but the central one is that economic fluctuations are inherent features of financial markets, the boom and bust nature of which intensify under liberalized financial environments that developing countries have increasingly adopted sinc...
This volume provides a genealogy of global economic governance through the history of contracts, examining how and by whom they were designed and legally validated. It will appeal to lawyers, economists, and historians interested in the globalization of markets over the past century.
For people and governments around the world, the onset of the COVID-19 pandemic seemed to place the preservation of human life at odds with the pursuit of economic and social life. Yet this simple alternative belies the complexity of the entanglements the crisis has created and revealed, not just between health and wealth but also around morality, knowledge, governance, culture, and everyday subsistence. Didier Fassin and Marion Fourcade have assembled an eminent team of scholars from across the social sciences, conducting research on six continents, to reflect on the multiple ways the coronavirus has entered, reshaped, or exacerbated existing trends and structures in every part of the globe. The contributors show how the disruptions caused by the pandemic have both hastened the rise of new social divisions and hardened old inequalities and dilemmas. An indispensable volume, Pandemic Exposures provides an illuminating analysis of this watershed moment and its possible aftermath.