Debt, Default, and Judicial Discipline
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Published:September 2024
This chapter documents the continued extension of US judicial territory to address the Third World debt crises of the 1980s, during which foreign sovereign immunity and act of state rules were further weakened to give US courts and private creditors more control over foreign sovereign debtors. These legal changes depended on redefining the foreign/domestic distinction in the context of intangible property, as well as on the further reification of the public/private divide and the continued expansion of the category of private, commercial activity. Together, they undermined debtor governments’ national monetary and fiscal authority, while helping institutionalize neoliberal market logics, both through the direct application of transnational US domestic law and by working in tandem with IMF structural adjustment programs. The role of US courts in this process both depended on and further strengthened the growing power of New York finance and the US dollar.