Sovereign Debt Restructuring The Role And Limits Of Public International Law
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Sovereign Debt Restructuring The Role And Limits Of Public International Law
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Author : Annamaria Viterbo
language : en
Publisher:
Release Date : 2020
Sovereign Debt Restructuring The Role And Limits Of Public International Law written by Annamaria Viterbo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Sovereign Financing And International Law
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Author : Carlos Espósito
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-10
Sovereign Financing And International Law written by Carlos Espósito and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10 with Business & Economics categories.
In response to continuing global financial turmoil, the UN Conference for Trade and Development has produced a set of principles to govern future sovereign financing. This book expands on these principles from a legal and economic perspective to analyse how sovereign financing can be regulated to prevent similar debt crises from occurring again.
La Dette Ext Rieure
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Author : ... Carreau-Shaw
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1995
La Dette Ext Rieure written by ... Carreau-Shaw and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Political Science categories.
The practical importance of the subject of 'The External Debt' in contemporary international life goes without saying. On the analytical level, the interest and indeed the difficulty of the subject lies in the need for a multidisciplinary approach, where political, financial and legal aspects are closely linked and require a clear understanding. From the purely legal point of view, the traditional and largely artificial boundaries between private and public law, between private international law and public international law and even, more generally, between municipal and international law are clearly marked here. In this respect any analyst has to be a complete jurist, and this collection of essays (in English and French) is an illustration of this fact.
Sovereign Debt And Human Rights
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Author : Ilias Bantekas
language : en
Publisher: Oxford University Press
Release Date : 2018-11-15
Sovereign Debt And Human Rights written by Ilias Bantekas and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-15 with Law categories.
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Sovereign Debt Restructuring The Role And Limits Of Public International Law E Book
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Author : VITERBO ANNAMARIA
language : it
Publisher: G Giappichelli Editore
Release Date : 2020-06-09
Sovereign Debt Restructuring The Role And Limits Of Public International Law E Book written by VITERBO ANNAMARIA and has been published by G Giappichelli Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Law categories.
Sovereign Debt Restructuring The Role And Limits Of Public International Law E Pub
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Author : VITERBO ANNAMARIA
language : it
Publisher: G Giappichelli Editore
Release Date : 2020-06-09
Sovereign Debt Restructuring The Role And Limits Of Public International Law E Pub written by VITERBO ANNAMARIA and has been published by G Giappichelli Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Law categories.
Sovereign Debt Restructuring And The Law
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Author : Sebastian Grund
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Sovereign Debt Restructuring And The Law written by Sebastian Grund and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
The book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals. Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in history: the Argentine restructurings of 2005 and 2010 and the 2012 Greek private sector involvement. By reviewing numerous lawsuits and arbitral proceedings initiated against Argentina and Greece across a dozen different jurisdictions, it distils the organizing principles for ongoing and future cases of sovereign debt restructuring and litigation. It highlights the different approaches judges and arbitrators have adopted when dealing with holdout creditors, ranging from the denial of their contractual right to repayment on human rights grounds to leveraging the international financial infrastructure to coerce governments into meeting holdouts’ demands. To this end, it zooms in on the role the governing law plays in sovereign debt restructurings, revisits the contemporary view on sovereign immunity from suit and enforcement in the international debt context, and examines how creditor rights are balanced with the sovereign’s interest in achieving debt sustainability. Finally, it advances a new genealogy of holdouts, distinguishing between official and private sector holdouts and discussing how the proliferation of new types of uncooperative creditors may affect the sovereign debt architecture going forward. While the book is aimed at practitioners and scholars dealing with sovereign debt and its restructuring, it should also provide the general reader with the understanding of the key legal issues facing countries in debt distress. Moreover, by weaving economic, financial, and political considerations into its analysis of holdout creditor litigation and arbitration, the book also speaks to policymakers without a legal background engaged in the field of international finance and economics.
La Dette Ext Erieure
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Author : Hague Academy of International Law. Center for Studies and Research
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1993-10-05
La Dette Ext Erieure written by Hague Academy of International Law. Center for Studies and Research and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-10-05 with Law categories.
The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1992 was "La dette exterieure/ The External" "Debt." The contents of this volume include: - Bilan de recherches de la section de langue francaise du Centre d'Etude et de Recherche de l'Academie, par Dominique CARREAU, professeur a l'Universite de Paris I.- The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Florentino P. FELICIANO, Associate Justice at the Supreme Court of the Philippines. - Annexe. Liste des participants et sujets traites. - Annex. List of Participants and Subjects Treated.
A Debt Restructuring Mechanism For Sovereigns
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Author : Christoph G Paulus
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
A Debt Restructuring Mechanism For Sovereigns written by Christoph G Paulus and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
The Eurozone crisis which started in spring 2010 as a Greek budget crisis has alerted Europeans that the issue of defaulting sovereigns is not one reserved just for the poor and poorest countries on this globe. The crisis painfully amplified that developed countries, too, might be hit by this phenomenon. To be sure, this insight is far from novel - the history of defaulting states reaches back into history for at least two millennia. And yet, lawyers have surprisingly abstained more or less completely from discussing this subject and developing possible solutions. Beginning with the Argentina crisis in 2001, this neglect began to vanish to a certain degree and this movement got some momentum in 2010 by the Eurozone crisis. The present book collects contributions from authors most of whom have participated in a conference on this issue in January 2012 at the Humboldt-Universität zu Berlin. The presentations, thus, provide a unique overview of the present discussion both from an economic and legal perspective.
Sovereign Debt Restructurings As Exercises Of International Public Authority
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Author : Armin von Bogdandy
language : en
Publisher:
Release Date : 2018
Sovereign Debt Restructurings As Exercises Of International Public Authority written by Armin von Bogdandy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This paper argues that sovereign debt restructurings as agreed between defaulting states and their multilateral, bilateral, or private creditors constitute exercises of international public authority. Their authoritative character results from their effects on the citizens of the defaulting state, especially through adjustment programs. They also affect taxpayers in lending states as well as shareholders of commercial creditors. Their public and international character derives from their legal basis in hard or soft public international law.As a consequence of their qualification as exercises of international public authority, sovereign debt restructurings need to be framed by public law in order to ensure their legitimacy. This paper is based on a discursive approach to legitimacy and shows how legal scholarship might promote the development of such a public law framework.The paper then proposes a set of legal principles for sovereign debt restructurings. Some of them might already exist de lege lata, while others should be understood as proposals de lege ferenda. Legal scholarship is especially useful for developing procedural requirements, while substantive issues require a political decision, with the exception of the need to respect fundamental human rights. Most importantly, however, the qualification of sovereign debt restructurings as exercises of public authority requires domestic and international courts and tribunals to defer to them and to stay proceedings as long as such restructurings are being negotiated or implemented. Domestic and international courts and tribunals might thereby control the legitimacy of these exercises of public authority.