ABSTRACT

This chapter concentrates on constitutional issues. Using Argentina as an example, it will analyse the validity of Argentina's public foreign debt according to Argentinian constitutional law. In order to address the constitutional issues of the debt was contracted by the competent organ and for constitutional purposes. Given that in the context of its sovereign debt, Argentina to a large extent accepted foreign jurisdiction and waived sovereign immunity, it could at first sight be thought that an analysis of Argentinian domestic law in this area is a moot point, as the validity of the debt arrangements will in many cases be determined according to foreign law. A legal analysis of these issues faces the difficulty that not much case law examining the constitutionality of Argentina's debt exists. Furthermore, there is only a relatively scarce academic legal discussion of the constitutionality of Argentina's sovereign debt, which is particularly surprising when bearing in mind the fundamental importance of the issue for the country.