Sarah Luzia Hassel-Reusing 08/23/2010
The apparent calm before the storm
In September 2010, are expected to be the developed in Germany and at the special working group of finance ministers, led by Herman van Rompuy tabled proposals for a state insolvency proceedings, the light of public see.
cause of human rights IMF-criticism, the ideas of the IMF in 2002 and the ideas of the scientist Wolfgang Zenker, the federal government and look of development policy NGOs for States bankruptcy procedures and the workings of the IMF to the revelations of former IMF employee-Davison Budhoo of 1990 to measure.
In the following shown that a state insolvency proceedings, which meets someone other than the people (the electorate), the most important decisions, fundamental and human rights completely unreasonable - especially when the IMF is working in it, or if it imf-typical edition shows. For the people of the debtor country is through savings and tax increases affected more than anyone else it would be human rights and gained nothing by this, if the IMF formally sidelined remain, and it then other organizations, be it the European Commission, be they private companies or whoever, would take over an IMF-like behavior.
The Approach of the Federal Government
The Federal Ministry of Finance and the Federal Ministry of Justice in Germany developed plans for a state insolvency proceedings. This will give the owners of government bonds to parts of their claims. The remaining claims will then guarantee a "Club Berlin", in which either the G 20 - participating States or the euro member states would. The "Berlin club" should be de-politicized and legally autonomous.
If the partial waiver is not an "improvement" (cash flow problems) out would come the second part of the state insolvency proceedings in force, in which of the Berlin club "a personality or multiple personalities, who know the circumstances of the debtor country, authorized to exercise the property interests of the debtor country.
The IMF is to accompany her to the concept of the measures from the beginning. A
States insolvency proceedings by the Federal Government considered so profound that it would have the contracts to which the EU is due to be changed.
by the German Federal Government it was said, "the concept does not constitute an alternative to the European rescue package, but its further development". The news agency Reuters
refers to a special working group of finance ministers unter Leitung des ständigen Präsidenten des Europäischen Rats, Herrman van Rompuy, welcher bis Oktober 2010 zu Ergebnis- sen kommen wolle, wobei aus dem dem Reuters-Artikel nicht klar hervor geht, ob diese Sonderarbeitsgruppe sich auch mit dem Vorschlag für ein Staateninsolvenzverfahren oder ausschließlich mit Konzepten für eine stärkere gegenseitige Informierung über die Wirtschafts- und Finanzpolitik der Euro-Mitgliedsstaaten beschäftigen soll.
In der Regierungerklärung vom 19.05.2010 sagte die deutsche Bundeskanzlerin zu der Arbeitsgruppe der Finanzminister unter Leitung von Herrmann van Rompuy:
„Ich messe daher der Gruppe der Finanzminister unter dem Vorsitz von Präsident Van Rompuy große Bedeutung zu. Bundesminister Schäuble wird bereits am Freitag, bei der ersten Sitzung der Gruppe, umfangreiche deutsche Vorschläge unterbreiten. Notwendig sind aus Sicht der Bundesregierung unter anderem folgende Maßnahmen: eine schnellere und straffere Anwendung von Sanktionen gegen Euro-Mitgliedstaaten, die ihren Verpflichtungen zur Senkung des Defizits nicht nachkommen. Zu diesen Sanktionen zählt zum Beispiel, Strukturmittel aus dem EU-Haushalt einzubehalten. Notwendig sind auch zusätzliche Konsolidierungsanstrengungen von Mitgliedstaaten mit hohen Schuldenständen; denn diese bergen besondere Risiken für die Krisenanfälligkeit. Notwendig ist ein vorübergehender Entzug des Stimmrechts von notorischen Defizitsündern, und vor allem notwendig is to develop a procedure for the orderly state of insolvency. We would create an important incentive for the euro-member states to keep their budgets in order. "
The Depoliticised and legal independence of the city's clubs to indicate" seems that the basic decisions in a state insolvency proceedings by the representatives of the Euro- Member States should be taken. The question suggests itself, whose interests the members of the Berlin club "would then be closer than those of the euro member states.
exciting is also what one is the "Berlin club" such a huge margin will provide for the selection of the liquidator. Has perhaps already possible candidates in mind, could lead before lashing current naming of a state bankruptcy mechanism to a public outcry? Or perhaps it is thought to open because it still is not in agreement?
States insolvency proceedings in a black-yellow coalition agreement "Growth Education cohesion
In the coalition agreement of the federal government of the CDU, CSU and FDP for the 17th Legislature under the name "Growth Education cohesion" is in "development cooperation" that the federal government for an international have insolvency proceedings will not, as designed, and in which this organization should be located. And it seems that time in 2009 have not yet made aware that even on a global scale immensely rich European countries once might have financial difficulties.
Vorschussloorberen of development NGOs for the German advance
In April 2010, has brought the alliance "Erlassjahr.de" 18 301 signatures to the Federal Government to a State insolvency proceedings, which must not pay the poor, the crisis because the global financial crisis particularly developing countries meet hard.
informed on the 25.06.2010 "Erlassjahr.de" with that being worked in the federal ministries of finance, economy and development of a bankruptcy order for European countries. "Erlassjahr.de" called in this context, an international bankruptcy procedures are the same states to introduce the world to ensure fairness and justice is not only rich countries but also developing countries hope to receive. The debt covenant saw the G-20 as an appropriate forum for doing so to advance a worldwide States insolvency proceedings.
From a press release of "Erlassjahr.de" we learn that the issue on 12.07.2010 on the agenda of the Working Group des Europäischen Rats zur Wirtschafts- und Währungsunion stand. Zusammen mit entwicklungspolitischen Organisationen aus 19 europäischen Ländern begrüßte „Erlassjahr.de“ damals die deutsche Initiative in einem Brief an Herman van Rompuy und den deutschen Bundesfinanzminister Dr. Wolfgang Schäuble. Die entwicklungspolitischen Verbände setzten sich dafür ein, dass die Arbeitsgruppe der EU-Kommission das Mandat zur Erarbeitung konkreter Vorschläge geben solle.
Laut der Pressmitteilung haben in den 1990er Jahren führende Insolvenzexperten und Ökonomen sowie die UNCTAD und der IWF Vorschläge für ein internationales Insolvenzverfahren vorgelegt.
Bleibt zu hoffen, dass es den entwicklungspolitischen NGOs able to draw the attention of policy makers on the basis of the indivisibility of human rights necessary balance between creditors and debtors.
The openness of the development NGOs for new positive developments has highly professional. We want the development NGOs that their professional openness goes hand in hand for a good future with sufficient vigilance to ensure that the development NGOs do not inadvertently to the fig leaf of a state insolvency mechanism in which the human rights of the inhabitants of the debtor countries are ignored.
The States Bankruptcy Concept the IMF from 2002
In April 2002, the then First Deputy Managing Director Anne Krueger, entitled "A New Approach to Sovereign Debt Restructuring" the ideas of the IMF for a State insolvency proceedings.
appear Positive ourselves above all the following features, even if we are to have carried out the approach, a bankruptcy States by an international organization, reject:
-The IMF wants equal treatment for all creditors and creditors' meetings by majority decisions.
-The IMF recognizes that countries, unlike companies do not simply allowed to dissolve for lack of assets (p. 11).
-The IMF recognizes that creditors of states, other than creditors can be paid by companies not in the form of eligible voting shares in a capital (p. 11).
The IMF was 2002 countries worldwide unified insolvency law on the basis of an international treaty for it to be created (p. 33).
The IMF recommended in 2002 to create a single globally competent States Bankruptcy Court under the IMF-law (p. 35), which should be formally independent from instructions of the Executive Board of the IMF and the Board of Governors of the IMF, the judges should be appointed by the Executive Director or the Board of IWF aus einer Liste von Kandidaten, wobei die Macht zur Erstellung einer solchen Liste ein „qualifiziertes und unabhängiges“ Gremium haben solle (S. 35). Darüber, wer über die Zusammensetzung des Gremiums zur Insolvenzrichterwahl entscheiden solle, schwieg der IWF sich aus.
Die Unabhängigkeit eines solchen internationalen Insolvenzgerichts darf bezweifelt werden, wenn der IWF die Richter auswählt. Und wer sagt denn, dass der IWF nicht auch die „qualifizierten“ und „unabhängigen“ Leute auswählen würde, welche die Vorschläge machen dürften ?
Nach den Vorstellungen des IWF hätte das internationale Insolvenzgericht zu entscheiden über:
-demand applications of the States Bankruptcy Creditors
-regularity of the creditors' meeting
disputes between debt Erland and creditors as well as between different creditors
The Executive Board of the IMF would however like to even like the following decision powers, which, remember, above all the powers of a liquidator:
- whether a state insolvency proceeding is initiated
-compliance with loan conditions imposed by the IMF are met
-whether the IMF grants loans mass (with IMF conditions)
if necessary. Stop the Execution (should be decided by him or by the creditors' meeting, according to IMF)
if necessary. dependence on the approval of the bankruptcy plan of meeting the IMF conditions (should be decided by him or by the creditors' meeting, according to IMF)
to install an international court of law within the IMF would make human rights a significant hazard. The IMF is an independent international organization, and even does not require it to human rights, neither to the national from the constitutions, nor to the universal human rights the UN.
An IMF bankruptcy court would presumably because no authority on national and universal human rights to decide.
Both the human rights in the constitutions and the United Nations stehen vom Rang über dem IWF-Recht (Art. 2 Abs. 1 Uno-Charta, Art. 103 Uno-Charta, Art. 28 AEMR). Soweit die materiell-rechtliche Realität. Formell-rechtlich kann aber nur auf der nationalen Ebene, vor allem vor den Bundesverfassungsgerichten, dieser Vorrang auch durchgesetzt werden. Denn auf der nationalen Ebene kommen die Verpflichtungen aus der Verfassung des jeweiligen Staates und aus allen internationalen Verträgen, die dieser ratifiziert hat, zusammen. Und üblicherweise haben Verfassungsgerichte das Recht, darüber zu urteilen, welche Rangfolge die verschiedenen Rechtsquellen im jeweiligen Staat haben, und wo genau das jeweils höherrangigere Recht der Umsetzung des jeweils niedrigerrangigeren Rechts Grenzen setzt.
Bei the establishment of an international bankruptcy court may erroneously give the impression that its decisions would be the last instance, and could be overlooked that its decisions should be implemented only insofar as they are not in turn set by a ruling of the Constitutional Court limits.
evisceration of the states bankruptcy will the IMF demands that the IMF itself and other multilateral creditors (such as the international development banks including the World Bank), and the other States to the bankrupt states, he also thinks about that claims of domestic creditors of the insolvent states from the international States bankruptcy exemption (pp. 17 +18). Stay above all the demands of foreign private sector actors, including private citizens as the largest creditors, particularly banks and insurance companies, but also rich.
The IMF is interested in his involvement in a relevant State insolvency proceedings, also to keep to its own interests:
will-he above-mentioned additional decision-making powers.
-He wants to maintain its position as a preferred creditor (p. 17).
-He wants to block the State insolvency proceedings as instruments of power to substitute its obligations durchzu (pp. 22 +23).
That the IMF rather one-sided on the side of creditors stands, is on page 28 of the paper has shown, which is about the problem that the creditors could within a state insolvency proceedings, the prolongation refuse an enforcement stop, to speculating that the government will propose in his need even more massive loans from the IMF, so he still gets more IMF conditions, which would strengthen the position of creditors on.
to this problem is the IMF is nothing that would go towards a fair balance between debtor and creditor country, but instead, he suggests, its mass credit for debtor countries, so to speak, abbreviated method of payment, paid directly to the creditors.
The ignorance of the people who live in the Schulderländern shows, however, most evident in what the IMF does not say. According to page 23 of the paper will improve the IMF's balance of payments Schulderländer without resorting to measures which would be destructive to the national or international prosperity.
on the wealthy residents of the Schulderländer the IMF does so explicitly a measure of respect. Such statements are found with respect to the majority of the population but at any point. Mrs. Krueger can be seen anywhere in their text that they thought would have made about how much the poor at least in the debtor countries needs, what social needs must be at least still covered for any concerns, and also to any human rights legal principles remain.
It addresses neither the social human rights of individuals, nor to in Article 1 of UN ICCPR and Article 1 of UN Social Pact equally enshrined human rights of peoples to political and social self-determination and the resources.
This is especially shameful because the IMF is a UN specialized agency, that is an organization that is in a close exchange of views with the United Nations. As had been the Universal Declaration of Human Rights of 1948 but a lot more knowledge about the universal Menschenrechte im Bewusstsein der IWF-Mitarbeiter ankommen müssen.
Dass der IWF eine Sonderorganisation der Vereinten Nationen ist, bringt im Falle von Menschenrechtsverstößen durch den IWF oder durch Mitarbeiter des IWF für die justizielle Aufarbeitung den schweren Nachteil mit sich, dass Mitarbeiter der Vereinten Nationen nicht ohne weiteres als Zeugen auftreten dürfen, wie ihnen das möglich ist, wenn es sich nicht um Uno-Sonderorganisationen handelt.Daher sollte man darüber nachdenken, ob es nicht geboten und sinnvoll ist, dem IWF den Sta-tus als Uno-Sonderorganisation aufzukündigen.
Ebenfalls ausgeblendet wird in dem Papier des IWF zu dessen Vorstellungen für ein Staateninsolvenzverfahren die Drittwirkung of insolvency. When a corporation is insolvent, in addition to this, third parties, such as its workers, often also the suppliers and their employees are affected, which are usually then captured by the state socially, especially on the State unemployment insurance.
But if the state itself insolvent, then it falls until further notice as a rescue for the people. This applies especially those who derive their livelihood directly from state services, ie the unemployed, pensioners, soldiers, judges and public sector employees.
The model, which is in September 2010, the euro area and the EU are presented, is probably something the powers other people want to distribute, as the IMF have imagined in 2002. There, it is probably a "Club Berlin" are provided which are "apolitical" and should anyone decide as liquidator. "Apolitical" suggests that he probably should be independent of the directions of the EU and Euro Zone Member States, the question is how the "Berlin club" should then be taken as to who should appoint its members shall select, or, in the around whose interests he thereby would more than close to the interests of the Member States. A central role is to receive the above mentioned press articles to the possibility of the IMF - presumably one where he credits for mass or can do for the initiation of insolvency proceedings or for the adoption of the insolvency plan requirements.
exciting would be the question of who one wants to give the tasks that a firm insolvency proceedings, the bankruptcy court.
What competences will also be proposed is, we think of human rights IMF criticism already made the approach, States shall not ever go into insolvency proceedings before an international body, is dangerous because it made the enforcement of sovereignty and the primacy of human rights would endanger the national constitution.
ideas of the legal scholar Wolfgang Zenker to the States bankruptcy
A lecture by Mr. Wolfgang Zenker, a researcher at the Institute of Civil Law, German and International Law, Roman Law at the Humboldt-University Berlin, from 2003, suggesting that the debate rather among German lawyers a State insolvency proceedings does not have a developmental focus, and that the fundamental and human rights work-up is lagging the history of the IMF by the German law has actually occurred yet for many years afterwards.
The view of Mr. Zenker was also interesting because Professor Christoph G. Paulus, at the chair at the Humboldt University, he works, who is also a consultant the IMF and the World Bank on issues of States bankruptcy.
, Mr Zenker in his presentation include the IMF's concept of 2002 and provides important additional information. The International States Bankruptcy Court of Arbitration, which the IMF wants to have settled in the framework of the IMF's laws should include the name "Dispute Resolution Forum" get (DRF). And we learn that the IMF, at least at that time wanted to express a Staateninssolvenzverfahren no automatic stop execution at the start of the process.
endorsed Mr. Zenker express a legally binding process to enforce a more equal between the different creditors. He therefore rejects Recommended Approaches such as "Codes of Good Conduct (CGCs) and" Collective Action Clauses (CACs), which were then endorsed by the United States and much of the private sector, from.
It disassociates itself but also from processes of development policy focused proposals. The main objective of a state insolvency proceeding that should not be poverty reduction or debt settlement, but the focus must also state level, the (pro rata) pay the creditors are. He says explicitly that NGOs were not sufficiently aware of this when, for example, for the consideration and determination of creditors' claims except legal and moral criteria called for.
As if the development associations "moral" criteria would not have anchored in a legally binding states insolvency proceedings. As if it would satisfy them, to bask in the glory of non-binding promises.
that creditors in general may assert claims based on the human right to property. And this is also due to the indivisibility of human rights exactly equal and of equal importance as all other human rights. That some of the claims of creditors of States in respect of breaches of social or civic human rights has come to be, in Mr. Zenker's Lecture focuses not, maybe he did not know that.
The facts from the film "Economic Hit Man" for example, seem not fully acknowledged and the awareness of all lawyers at the Berlin Humboldt-University to be reached, advise, at least not necessarily those whose supervisors and the IMF.
Mr. Zenker can not be simply assumed that he was bedingslos on the side of the IMF. For he definitely sees threats to the sovereignty of States, and it is also the criticism of the IMF in terms of its potential bias known. Therefore he proposes as an alternative to the IMF, states that a bankruptcy procedure of the statutory level of the debtor country itself could be located - which should be based on an E. see at the level of UNCITRAL (UN Commission on International Trade Law) to be created model legislation.
He stressed as a positive feature of a state insolvency procedure was transparent compared to Instransparenz take place in what today is often talks about credit and debt settlement - one at this point quite courageous criticism of someone whose boss of the IMF and the World Bank advises.
Mr. Zenker said to sovereignty but also "the international law concept of sovereignty" would now "be replaced frequently by new concepts such as economic, political and humanitarian cooperation. "
No word about the sovereignty of the states in Article 2 paragraph 1 UN Charter and in many national constitutions is anchored. No word about the sovereignty of States is essential to ensure that even the UN Charter is available as highest international treaty (article 103 UN Charter) below the national constitutions.
And he does not "bypassed", but "resolved", speaks of "the concept of sovereignty," without mentioning its binding legal anchoring and its legal status.
finally, its untenable postulate, the Articles of Agreement the IMF (the IMF's Articles of Association) and the "principles of international law" would be a system of states insolvency on simple statutory national level that need not, as long as the main objective is the settlement of claims, and as long as the states of bankruptcy will apply only in a real crisis situation. This is untenable because the statement contained the "principles of international law," the main objective of the creditors' claims would be in the context of a bankruptcy does not preclude States.
exactly what they are doing yet! Universal human rights are part of the UN "jus cogens" and thus "the principles of international law" (Article 28 UDHR, Art 1 No. 3 UN Charter, Article 53 and 64 Vienna Convention, decision of the EU court 1 Instance T-306/01 to Az and cited the ICJ opinion of 07/08/1996).
And they are indivisible and each other equally (Preamble to Universal Declaration of Human Rights, Article 5 of the Vienna Declaration UnoVollversammlung on 12/07/1993 (ref. A / CONF. 157/23), Article 6, paragraph 2 resolution 41/128 the UN General Assembly on the Right to Development, Preamble of the resolution 48/141 of UnoVollversammlung creation of the Office of the High Commissioner for Human Rights).
From this follows the indivisibility of human rights prohibition of the cannot of a human right about the other human rights as well as the prohibition of human rights Unleichbehandlung different people. Conflicts with both the statement of Mr. Zenker.
because he is making, although not primarily to demand from a human rights perspective, the preference of the human right to property, to the detriment of the achievement of the other human rights. He is not in any word that is also social human rights as to health (Art. 12 UN ICESCR), social security (Article 9 UN ICESCR), education (Article 13 UN ICESCR) and food (Art . 11 UN ICESCR) and collective human rights such as the human right to the resources of the people (Article 1 of UN ICCPR and Article 1 of UN Social Pact is) for which the debtor countries also must be enough money.
And in its focus on the human rights undoubtedly due to the principle of equality (Article 26 UN ICCPR, Article 1 of the Universal Declaration of Human Rights (UDHR), Article 7 UDHR) afforded equal treatment among creditors, he overlooks the equally afforded equal treatment of equally legally binding human rights claims between creditors and debtors of the population across countries.
In Article 5 paragraph 1 UN ICCPR also explicitly provides that no law can be used as a basis for the civil pact, in other civil rights of the Covenant illegal encroachment. The same is also in Art 5 paragraph 1 UN Social Pact. The equality of all universal human rights, the limits of the respective human rights treaty also because of the divisibility has already been explained above.
Mr. Zenker points out that the issue must be clarified what would a bankruptcy States all fall into the insolvent estate. The statutory restricted assets he wants to have specifically excluded from the bankruptcy states, so he is obviously not a supporter of a total sellout of the States. He sees in the insolvency estate is not the sovereign-bound portion of the assets of the debtor country and the question is whether the central bank, the assets of a monarchical or should fall dictatorial head of state as well as companies with a majority participation of the debtor country in the insolvent estate. So commendably is to demonstrate the need for clarification of this question, it is regrettable that the dangers of a central bank privatization, as they enter the example of the U.S. Federal Reserve to clear in appearance, are not at least hinted at.
Mr. Zenker's paper will show how impressive is how much to make education work against German jurists about the universality of human rights still need and that in addition to the activities of the IMF and the UNCITRAL and the German lawyers even more attention than hitherto to the enforce priority, and the indivisibility of universal human rights.
When driving werewolves steamroller - why the IMF as the IMF-thought-filled people and organizations with the world's most unsuitable States insolvency
would be especially clear the inappropriateness of the IMF for a job at a will states insolvency proceedings at the open letter, what the economist Davison Budhoo at 18.05. 1988 wrote in his dismissal after 12 years of cooperation to the then Executive Director of the IMF, Michel Camdessus, has, and what he has in 1990 made the world public.
Mr. Budhoo selbst schätzte damals in besagtem Brief, dass allein an seinen Händen das „Blut“ von Millionen armer und hungernder Menschen klebe. Es sei so viel Blut, dass es in Strömen fließe, und dass es fraglich sei, ob es auf der ganzen Welt zusammen genug Seife gebe, um es abzuwaschen.
Das Wort „Blut“ kann dabei nicht ganz wörtlich gemeint gewesen sein, denn der IWF befehligt keinerlei bewaffnete Streitmacht. Es kann nur gemeint sein, dass durch das Handeln des IWF Millionen unschuldiger Menschen zu Tode kommen.
Aus dem Brief geht nicht klar hervor, ob er auf eine siebenstellige Zahl von Todesopfern bezüglich seiner eigenen Arbeit beim IWF kommt oder bzgl. der Arbeit des gesamten IWF.
Davison Budhoo asked the question in the space, whether the world when all the evidence on the IMF to light would come, would be content, the IMF branded as one of the most insidious enemy of mankind ("among the most insidious enemies of mankind") released, and the topic are based on otherwise would, or whether the heirs of those who, dismembered Sun Budhoo, ("dismembered") were in their own strange "Holocaust" of the IMF ("in our own peculiar Holocaust"), their scream out loud demands for a further Nuremberg would.
Budhoo used the word "chop" obviously visual, an impression particular cruelty and coolness to make clear. The use of the word "Holocaust" is, as an image, very difficult, because the term has historically set the description of the crimes of the Nazis to the Juden.Vermutlich Budhoo was a no other term that the number of IMF-dead could be reconciled without he had a criminal accusation of actual to a specific criminal definition to the IMF must determine. Of importance to the choice of formulation have been, that the Rome Statute of the International Criminal Court, which crimes such as genocide (Article 6) to act only from 17.07.1998 dated, so that he could not these Regulations 1988, refer.
with "another Nuremberg" he clearly plays to the criminal proceedings against some of the worst Nazi criminals who shortly after the Second World War took place in Nuremberg.
If he would sue, so Budhoo would he guilty found to be very guilty without extenuating circumstances.
He accused the IMF, worth preserving everything ("everything worth preserving") to destroy. The IMF is soulless. He has had occasion to point out that the poor and destitute, not the unnecessary waste are, for what they consider the IMF.
He questioned whether staff the IMF run amok, given the unexpectedly large power.
Budhoo accused the IMF, he had tried for some inexplicable drive out to destroy Trinidad and Tobago economy first, then make it into a bastion of the doctrine of the IMF (Fund orthodoxy ") to transform intolerable pressure on the government of the country exercised to take action works in the destruction of certain vital issues and agreements, as enshrined in the constitution of the country on the basis of which the Government, within the framework of basic human rights are recognized and protected, and norms of social justice and economic equality be protected. What
he said, somewhat complicated, is that the IMF had instigated the government of Trinidad and Tobago to the constitution.
The normal ranking of legal systems for non-EU Member States is at the top of the national Constitution (Article 2 paragraph 1 UN Charter, because of the sovereignty of the States), the UN Charter (Article 103 UN Charter) then a par with each other, the human rights of the United Nations and the Geneva and Hague conventions of international humanitarian law of war (Article 28 UDHR, Article 29 No. 3 UDHR, Article 1 point 3 UN Charter, in the opinion of the European Court of first instance to Az T-306/01 cited ICJ opinion of 08/07/1996), only then followed by other international law (Article 27 Vienna Convention) and then by the simple Laws.
The IMF law is quite normal law and order is 3 levels below the Constitution of Trinidad and Tobago. It may therefore be applied only as far as the country's constitution allows, and not vice versa. What Budhoo accuses the IMF, is to have intentionally forced the government of Trinidad and Tobago to the constitution.
Whether this is criminal law depends, first of all depend on which country is the criminal law to apply, and whether there is a corresponding provision, as is the case, for example in Germany with respect to the criminality of the violation of the law. And it could also be affected by the degree of intent where the relevant criminal law there as a mental element for pre-exposed to criminal liability. Then there is still a question of whether the existing criminal statutes, according to IMF immunity of its members has its limits, perhaps as where the statutory powers of the IMF are exceeded, or where the statute is violated?
Budhoos open letter contains important evidence that the IMF has a significant impact far outside the control by its Member States. He speaks of security mechanisms in the Articles of Agreement, that in the statute, the IMF, which had never been activated due to unforeseen acquisition ("hijacking") of the IMF by its own employees NEN. Even ardent critics des Board of Governors, der Vollversammlung der Noten-bankchefs und Finanzminister der IWF-Mitgliedsländer, gegenüber hat der Fonds nach Budhoos Beobachtung mit Beschwichtigungsmanövern ausgesessen – so sehr scheint er außer Kontrolle geraten zu sein.
Budhoos Aussage zur in erheblichem Maße geschehenen Selbständigmachung des IWF steht im Gegensatz zum Verdacht vieler IWF-Opfer in ärmeren Ländern, der IWF verfolge im wesentlichen Interessen seines größten Anteilseigners, der USA. Die USA liegen jedoch mit einem Anteil am Festkapital und an den Stimmrechten im IWF von kaum mehr als 1/6 nur knapp höher als die Sperr- minorität im Gouverneursrat des IWF. Sie können damit zwar grundlegende Richtungswechsel IMF blocking the only country in isolation, but they are also far from a majority on the Board removed. Budhoos statement seems so believable.
The in Budhoos letter referred to serious allegations of UNICEF against the IMF regarding its consideration of weapons purchases by debtor countries, presumably with regard to the fact that most arms companies are based in countries that hold large shares in the IMF is still valid, as you would today be seen from the IMF conditions compared to Greece, where the IMF is demanding cuts in many social and the environment, but no cuts in the military, possibly with regard to the current arms exports of companies based in EU Member States that have more shares than IMF Greece.
Budhoo denounces in his letter the excessive payment to the IMF staff, which he called "honeypot Pax," and what the employees to bring their own conscience to overcome the. Sometimes bodies are indicated by "wise men" used to check the work of the IMF, for which, according Budhoo "Pax honeypot helpful to say the" wise men "who want to hear what the IMF.
According Budhoo the IMF makes sure that his power self-sustaining ("self-sustainable") is.
This means that countries are not always enough to get rid of their real or perceived IMF-dependence.
A crucial step, which the IMF of each country of the "3 World, "which he provides credit to make, as a support, the depreciation of the currency. awarded since the most international borrowings in in a particularly strong force currencies such as the U.S. dollar, the Swiss franc or the IMF's unit of account of special drawing rights and must be repaid in that currency, provides the devaluation of the currency of the debtor country that this is incredibly competitive, but with its export earnings in the ab-ranked national currency can pay back the debt still less than if it would not devalue. Especially the currency devaluation will ensure that the victim countries of the IMF its raw materials and waste the labor of its people literally for export in favor of the most powerful corporations in the richer countries.
The IMF increased its power especially if as many countries do not emerge from the debt trap and borrow more money with him to his conditions.
In the second part of his open letter highlights Budhoo precisely the behavior of the IMF compared to Trinidad and Tobago.
the IMF provided loudly Budhoo the relative cost of a unit of work ("Relative Unit Labour Cost ", Rulc) as excessive, which gave him the opportunity to convey to the Government of Trinidad and Tobago the impression that the country was due to excessive labor costs are not competitive enough compared to its main trading partners. In fact, according to this index Budhoo changed to +69% instead of +142.9% in IMF reports from 1985 in 1980-1985 to +66.1% +164.7% in place at the IMF's reports of 1986, from 1983-1985 to +14.9% +36.9% in place at the IMF's reports of 1986, held in 1985 to -1.7% instead of +9% in 1986 to -46.5% for no information.
more false to the IMF were loud Budhoo:
-fiscal deficit in 1986 to 1.9 billion Trinidad and Tobago dollar (TT $) is too high unpaid
-1.5 million TT $ bills invented
budget deficit in 1986 by 250 million TT $ too high
balance of payments deficit by 500 million TT $ too high
-state subsidies to public enterprises TT $ 1 billion too high
addition, the IMF, according Budhoo by the choice of the reference date for the development of the real effective exchange rate of the TT that can appear as overvalued. From the last quarter of 1981 to November 1985 the rate had increased by 45%, but decreased only in December 1985 by 30%. By the choice of the reference point in 1980 was the IMF to let the currency as overvalued appear.
The trade balance development ("terms of trade") was used according Budhoo by the IMF as a reason for the demand for currency devaluation. This was from 1982 to 1985 by 10% below 1986 by 40% and recovered thereafter. Trinidad and Tobago is in exports, according to 80% Budhoo dependent on oil, and in 1986 the price of oil fell dramatically.
Among the conditions imposed by the IMF against Trinidad and Tobago have heard loud Budhoo:
-massive devaluation of the currency
-total free trade
-total freedom of capital movement
-escalating interest rates
-escalating price rise on the domestic market
-rapid drop in income among the poor
- massive staff reduction in the public service
The massive devaluation of the currency has had several effects. Trinidad and Tobago, it was thus difficult to repay its debts recorded in stronger currencies. And it stayed longer in the power sector at the IMF. Finally, cheaper for all other countries oil exports, because a weak TT $ man must take less U.S. $ to their own cost to cover th in TT $.
Budhoo compared the recklessness of the IMF in its unwillingness to even the slightest deviation from his requirements, and it was to allow for a socially equitable sharing of the burden on the population, with a full moon in a heavy steam roller traveling werewolf.
The open letter from Davison Budhoo Although education has contributed to the world.
hostility to the human rights of countless IMF conditions but has changed almost nothing.
had when it Budhoos criticism never was, forced the IMF to sell food emergency reserves in Malawi, Ethiopia and Niger, he sat in Eastern Europe and Central Asia cuts through the health sector, which promoted the rise of tuberculosis measured, he enforced in Thailand and Latvia closure of many hospitals, which he is currently undertaking in Romania. In Niger, he turned even during a famine to the distribution of international Food aid, reportedly out of concern regarding possible distortions of competition.
pension cuts at the behest of the IMF could only be limited by constitutional court judgments or stops in Latvia and Romania. In Thailand, Romania and Greece have been or are pushed by the IMF conditions by emergency regulations.
The many IMF-dead who Budhoo with the "in streams" flowing "blood" refers to relate mainly to the IMF-enforced austerity measures which affect significantly the supply of food and medicine, and forced on him by the radical focus on exports, which supply their own Consistently neglected population.
If the IMF or someone who is steeped in IMF thought should be given the power of European states in a bankruptcy, then again by emergency, hunger and epidemics to be expected. The prevention of such proceedings States for Europe with large steam roller is precedent for the majority of Europe's population in an economic and physical survival. In Romania, the steam roller races, even without the extraordinary powers of a state insolvency proceedings.
Sources:
the concept of the Federal Government to a State insolvency proceedings:
www.spiegel.de/spiegel/vorab/0, 1518,705728,00. html
http://newsticker.sueddeutsche.de/list/id/1012888
http://de.reuters. com/article/economicsNews/idDEBEE66906S20100710
www.bundesregierung.de/Content/DE/Regierungserklaerung/2010/2010-05-19-merkel-erklaerung-eu-stabilisierungsmassnahmen.html
black-yellow coalition agreement "Growth Education cohesion
www.cdu.de/doc/pdfc/091026-koalitionsvertrag-cducsu-fdp.pdf
press releases from "Erlassjahr.de" to States bankruptcy
http://epo.de/index.php?option = com_content & view = article & id = 6288: States insolvency theme-the-European-Council & catid = 49: Debt Crisis & Itemid = 97
http://epo.de/index.php?option=com_content&view=article&id=6241:insolvenzverfahren-muss-global-gueltig-sein&catid=49:schuldenkrise&Itemid=97
http://epo.de / index.php option = com_content & view = article & id = 6009:18301-signatures-for-a-fair-insolvency procedures & catid = 49: Debt Crisis & Itemid = 97
concept of the IMF from 2002 to the States bankruptcy
www.imf.org/external/ pubs / ft / EXRP / SDRM / eng / sdrm.pdf
presentation of Mr. Zenker
www.insolvenzverein.de/archiv/Veranst03/Vortrag.htm
Prof. Christopher G. Paul advises the IMF and World Bank also issues of States Bankruptcy
http://paulus.rewi-berlin.de-Leben.html http://nuoviso.tv/geheimdienste
film "Economic Hit Man"
/ under in-service-of-wirtschaftsmafia.html
open letter from Davison Budhoo
www.naomiklein.org / files / resources / pdfs / budhoo.pdf
to numerous sources to IMF conditions and their consequences, see :
http://menschenrechts-imf-kritik.blogspot.com/2010/08/bankenrettung-bis-zum.html
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