Odious Debt: Bankruptcy, International Law, and the Making of Latin America
Edward Jones Corredera
Published online:
24 October 2024
Published in print:
21 November 2024
Online ISBN:
9780191982200
Print ISBN:
9780192888280
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Odious Debt: Bankruptcy, International Law, and the Making of Latin America
Edward Jones Corredera
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Edward Jones Corredera
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151–182
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Published:
October 2024
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Jones Corredera, Edward, 'The Armed Debtor: The Utility of Bankruptcy in Argentina', Odious Debt: Bankruptcy, International Law, and the Making of Latin America, The History and Theory of International Law (
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Abstract
This chapter studies the structuring role of debates over colonial and war debts in the construction of Argentina. The United Provinces, constituted as independent and sovereign states, drew on principles of the law of nations to undermine Buenos Aires’ pursuit of domination over the region. The failure to unite the two sides led to the fragmentation of Argentina into two federations, the Unitarian League and the Federalist League. This division prompted debates over who ought to pay the debts incurred during the revolution. When France blockaded the port of Buenos Aires over unpaid claims, exiled thinkers sought to harness foreign interest in the region to topple Juan Manuel de Rosas. This outlook on debt and intervention informed the mid-nineteenth-century constitutional and diplomatic efforts of Juan Bautista Alberdi. Alberdi sought to resolve dilemmas that had emerged from the lack of resolution regarding war debts and the foreign loans before Argentina’s internal divisions led to his demise. During some of the toughest years of his life, he received a letter from Carlos Calvo. This letter triggered an intellectual exchange between the two jurists which led Alberdi to condemn international law as a threat to Latin America.
Keywords: Juan Bautista Alberdi, Buenos Aires, intervention, bankruptcy, Juan Manuel Rosas, 1853 Argentinian Constitution, Carlos Calvo, Luis María Drago, tyrannicide, private law
Subject
Jurisprudence and Philosophy of Law Financial Law History of International Law Law and Society
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