ABSTRACT

Several historical events are usually mentioned as evidence of the existence of state practice according to which debts that are regarded as odious can be repudiated, and as a basis for the conclusion that the doctrine of odious debts forms part of international customary law. In the working paper on the odious debts doctrine prepared by the Centre for International Sustainable Development Law (CISDL), Jeff King ends his overview of state practice with regard to odious debts with a paragraph headed recent state practice in the Balkans. There, he suggests that the apportionment of the debts of the former Yugoslavia that was based on the principle of equitable distribution can be related in principle to the 'public benefit' aspect of the odious debt doctrine. The doctrine of odious debts is concerned with the question of repudiating a debt because of its nature and purpose and this repudiation would be directed towards the creditor.