A Code of Conduct for Sovereign Debt Restructuring: An Important Component of the International Financial Architecture?

2011 ◽  
pp. 195-203 ◽  
Author(s):  
Kathrin Berensmann
2003 ◽  
Vol 29 ◽  
Author(s):  
André Moreira Cunha

A recorrência das crises financeiras, especialmente a partir da crise asiática de 1997-1998, determinou a emergência de um amplo debate e de um conjunto de ações políticas visando à reforma da arquitetura do sistema financeiro internacional. O presente artigo enfoca, dentro deste marco mais geral, a questão da “falência soberana”. A proposta lançada por Anne Krueger de se discutir a conformação de um arcabouço institucional capaz de ordenar os processos de reestruturação das dívidas de países “potencialmente” em crise sugere que as reformas de “primeira geração” já estão sendo consideradas insuficientes no núcleo duro do establishment oficial. Abstract The recurrence of financial crises, particularly after the Asian meltdown (1997-1998), determined the emergence of an intense debate and new policies concerning the international financial architecture. In this context, this paper discuss the recent Anne Krueger’s approach to sovereign debt restructuring. We suggest that this new approach reveals that the “first generation” reforms seem to be already insufficient, even for the hardcore of the official establishment.


2009 ◽  
Vol 99 (5) ◽  
pp. 2135-2148 ◽  
Author(s):  
Olivier Jeanne

This paper presents a theory of the maturity of international sovereign debt, and derives its implications for the reform of the international financial architecture. The analysis is based on a model in which the need to roll over external debt disciplines the policies of debtor countries, but makes them vulnerable to unwarranted debt crises due to bad shocks. The paper presents a welfare analysis of several measures that have been discussed in recent debates, such as international lending-in-last-resort or the establishment of a mechanism for suspending payments on the external debt of crisis countries. (JEL F34, O19)


Author(s):  
José Antonio Ocampo

This chapter analyses the history and effectiveness of the two major mechanisms of resolution of balance-of-payments crises: IMF emergency financing and complementary mechanisms, and sovereign debt workouts. It argues that IMF lending has historically met its counter-cyclical objectives and has been improving in recent decades in terms of providing adequate lending facilities as well as focusing conditionality on macro-relevant areas. Swap arrangements among central banks constitute the most important complementary mechanism, but benefit mainly developed countries. In contrast to advances in IMF financing, the need to have a better framework for debt resolution remains one of the major gaps of the international financial architecture. In this regard, this chapter proposes a multilateral mechanism that would lie between the voluntary and statutory solutions that have been proposed in the global debate. This mechanism would offer a sequence of voluntary negotiations, mediation, and eventual arbitration that would take place with pre-established deadlines.


Author(s):  
Yuefen Li

AbstractThe lack of a formal sovereign debt restructuring legal framework has been considered by many as a serious deficit or missing link in the international financial architecture. However, even though the international debates on the topic have been going on for decades, heating up each time with the onset of a debt crisis and cooling down when the crises was contained, up to now such debates have not yet come to final fruition. Nevertheless the topic has never been put to sleep because of frequent and severe debt crises. These crises have never failed to demonstrate the need of a legal framework, even more so this time around. Yet, the international community chose to work on improvement of debt contracts even though it cannot redress the systemic and technical problems facing debt restructurings. In 2014, the United Nations started to work on a legal framework on debt restructuring facing political resistance and misconstrued fears of a legal framework. After more than a year’s hard work, the United Nations passed through vote a resolution on basic principles on debt restructuring processes. This is an important milestone, yet the march towards a formal legal framework is going to be long.


2001 ◽  
Vol 51 (3) ◽  
pp. 287-314
Author(s):  
J. Braga de Macedo

The procedures governing exchange rate policy among EU members in the early 1990s, whilst largely unwritten, provided convergence and cohesion across the region. Suitably adapted, this ERM code of conduct might help developing, emerging and transition countries face the challenge of globalisation. The perspective on international financial architecture proposed in this paper assumes that the same forms of peer pressure that brought about the euro will also sustain the required institutional change outside Europe. Nevertheless, the euro is an enabling reform that calls for additional structural adjustment. Structural reforms are needed to enhance the potential of the euro as a world currency and also the competitiveness of European firms. The European common good notwithstanding, institutions of global economic and financial governance, helped afflicted countries recover from financial crises in 1997–1999. Regional and global mechanisms for multilateral surveillance must be complements, not substitutes.


2021 ◽  
pp. 232-256
Author(s):  
Quentin Deforge ◽  
Benjamin Lemoine

In this article, we analyse how international crises and conflicts over sovereign debt have transformed the agenda of the United Nations Conference on Trade and Development (UNCTAD), the Geneva-based organization founded in 1964 and whose history is closely linked to the G77 group of developing countries. We show how UNCTAD’s projects for structural reform of the international financial architecture were contested and ultimately rejected in the 1970s. Such defeats were a blow to the transformative goals that UNCTAD had initially set to achieve. In the 1980s, UNCTAD gradually became a technical agency and its mandate restricted to providing expert assistance and support to developing countries during their negotiations with the Paris Club. Meanwhile, the mandate to produce expertise at the macro level (the so-called ‘upstream’ area), was effectively transferred to the IMF and World Bank. With the development of the Debt Management Financial Analysis System (DMFAS), UNCTAD went from promoting systemic change in international financial architecture to sponsoring the micro-management of domestic policies as remedy to over-indebtedness. But we also show that UNCTAD did not always restrict itself to doing such ‘downstream’ work, i.e., improving debt issuing capacities and technologies of developing countries. While UNCTAD’s recent project on fair principles of lending and borrowing principles conforms to what’s expected from the group of advanced countries, another project involving the creation of an international mechanism of sovereign debt restructuring functioned as a disturbance to this fragile downstream–upstream division of labour between international organizations.


Author(s):  
Hayk Kupelyants

Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.


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