Download or read book A Discourse Theoretical Approach to Sovereign Debt Restructuring written by Matthias Goldmann and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, we study the role of law for squaring democracy with a market-based financial order. We approach this issue on the basis of Jürgen Habermas' discourse theoretical understanding of the role of law in the welfare state. Accordingly, law needs to be enforceable; law-making and law-application need to be institutionally separated; and public law needs to be distinguishable from private law. The contemporary practice of sovereign debt restructuring reveals some empirical and normative challenges to this understanding of the law. These findings inform our proposals for conceptual and institutional improvements that might lead to a more harmonious relation between democracy and financial order. In particular, we argue that a discourse theoretical understanding should tap on the legitimating potential of existing transnational discourses that are characterized by cross-border cleavages in public discourse.

Download or read book Sovereign Debt written by Mr.Vivek B. Arora and published by International Monetary Fund. This book was released on 1993-07-01 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper surveys the literature on sovereign debt that deals with the issues of a country’s ability-to-pay, its willingness-to-pay, and the policy responses to the debt crisis of the 1980s. The existence of an ability-to-pay problem suggests a need for debt reduction, but plans for debt relief face potential incentive problems, and sovereign debt repurchases are not always a welfare maximizing method of debt restructuring. The paper synthesizes the main conclusions on these issues. With a willingness-to-pay problem, the potential penalties for debt repudiation are important in the endogenous determination of the repayment outcome. Penalties that are intertemporal in nature have different implications for debt repudiation than do intratemporal penalties. In addition, the asymmetric distribution of the costs of default can lead to a recurrent cycle of debt accumulation and default.

Download or read book A New Approach to Sovereign Debt Restructuring written by Anne O. Krueger and published by International Monetary Fund. This book was released on 2002-04-16 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been extensive discussion inside and outside the IMF on the need to develop a new approach to sovereign debt restructuring. Exploring ways to improve the sovereign debt restructuring process is a key part of the international community’s efforts to strengthen the architecture of the global financial system. This pamphlet by IMF First Deputy Managing Director Anne O.Krueger draws together the latest IMF thinking on the controversial issue in a single publication.

Download or read book Rethinking Sovereign Debt written by Odette Lienau and published by Harvard University Press. This book was released on 2014-02-18 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.

Download or read book Re Imagining Sovereign Debt in International Law through the lens of Socio Economic Rights written by Muhammad Bello and published by Pretoria University Law Press. This book was released on 2024-07-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-imagining sovereign debt examines the extent to which sovereign debtors’ contractual obligations may be honoured where the socio-economic rights of their citizens face clear danger of non-realisation. It critiques the foundational legal paradigm that influences and shapes the substance of the sovereign debt regime. In doing this, the author employs legal theory to show the inadequacies of the regime in terms of its failure to embrace the dynamism of sovereign debt which he characterises as a debt with a complex mix of public-private elements, hybridity of norms and multiplicity of interests beyond the two-sided creditor-debtor matrix. By locating socio-economic rights in all critical phases of the regime, the author shows that the recurring circles of debt crises are linked to the continuing influence of the private law paradigm. The book offers a fresh perspective to re-imagine sovereign debt using insights from transnational legal theorists and advocates prioritising socio-economic rights considerations in debt contracting, restructuring and adjudication through a more concrete recognition of creditors’ responsibilities. Re-imagining sovereign debt will interest lawyers, policymakers, diplomats, scholars and researchers interested in the law, history and politics of sovereign debt.

Download or read book The International Law of Sovereign Debt Dispute Settlement written by Kei Nakajima and published by Cambridge University Press. This book was released on 2022-09-22 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first two decades of the twenty-first century witnessed a series of large-scale sovereign defaults and debt restructurings, in which sovereigns struggled to negotiate with recalcitrant bondholders, particularly hedge funds. Also, the outbreak of the COVID-19 pandemic in 2020 heralded a bleak financial outlook for many developing and emerging market countries, requiring sovereign debt restructuring in times of great macroeconomic uncertainty. Given the absence of a multilateral mechanism for sovereign debt restructuring equivalent to domestic corporate bankruptcy system, however, defaulted sovereigns often suffer from holdout litigation wrought by bondholders. This book proposes ways in which such legal actions could be regulated without the undue expense of bondholders' remedies by exploring the mechanism of balancing bondholder protection and respect for sovereign debt restructuring at various stages of litigation and arbitration proceedings.

Download or read book Sovereign Debt Crises written by Juan Pablo Bohoslavsky and published by Cambridge University Press. This book was released on 2017-11-02 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an obvious need to learn more about why some countries succeed and others fail when dealing with debt crises. Why do some sovereign debtors overcome economic problems very quickly and at minor human rights costs for their people, while others remain trapped by debts for years struggling with overwhelming debt burdens and exacerbating economic problems and human suffering? This book analyzes fourteen unique or singular country cases of sovereign debt problems that differ characteristically from the 'ordinary' debtor countries, and have not yet received enough or proper attention - some regarded as successful, some as unsuccessful in dealing with debt crises. The aim is to contribute to a better understanding of the policy options available to countries struggling with debt problems, or how to resolve a debt overhang while protecting human rights, the Rule of Law and the debtor's economic recovery.

Download or read book Democracy and Financial Order Legal Perspectives written by Matthias Goldmann and published by Springer. This book was released on 2018-05-17 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

Download or read book Democracy and Financial Order Legal Perspectives written by Matthias Goldmann and published by Springer. This book was released on 2019-06-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

Download or read book The Liquidation of Government Debt written by Ms.Carmen Reinhart and published by International Monetary Fund. This book was released on 2015-01-21 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: High public debt often produces the drama of default and restructuring. But debt is also reduced through financial repression, a tax on bondholders and savers via negative or belowmarket real interest rates. After WWII, capital controls and regulatory restrictions created a captive audience for government debt, limiting tax-base erosion. Financial repression is most successful in liquidating debt when accompanied by inflation. For the advanced economies, real interest rates were negative 1⁄2 of the time during 1945–1980. Average annual interest expense savings for a 12—country sample range from about 1 to 5 percent of GDP for the full 1945–1980 period. We suggest that, once again, financial repression may be part of the toolkit deployed to cope with the most recent surge in public debt in advanced economies.

Download or read book Sovereign Debt Crises written by Juan Pablo Bohoslavsky and published by Cambridge University Press. This book was released on 2017-11-02 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributes to a better understanding of the policy, economic, and legal options of countries struggling with debt problems.

Download or read book Why Not Default written by Jerome E. Roos and published by Princeton University Press. This book was released on 2019-02-12 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: How creditors came to wield unprecedented power over heavily indebted countries—and the dangers this poses to democracy The European debt crisis has rekindled long-standing debates about the power of finance and the fraught relationship between capitalism and democracy in a globalized world. Why Not Default? unravels a striking puzzle at the heart of these debates—why, despite frequent crises and the immense costs of repayment, do so many heavily indebted countries continue to service their international debts? In this compelling and incisive book, Jerome Roos provides a sweeping investigation of the political economy of sovereign debt and international crisis management. He takes readers from the rise of public borrowing in the Italian city-states to the gunboat diplomacy of the imperialist era and the wave of sovereign defaults during the Great Depression. He vividly describes the debt crises of developing countries in the 1980s and 1990s and sheds new light on the recent turmoil inside the Eurozone—including the dramatic capitulation of Greece’s short-lived anti-austerity government to its European creditors in 2015. Drawing on in-depth case studies of contemporary debt crises in Mexico, Argentina, and Greece, Why Not Default? paints a disconcerting picture of the ascendancy of global finance. This important book shows how the profound transformation of the capitalist world economy over the past four decades has endowed private and official creditors with unprecedented structural power over heavily indebted borrowers, enabling them to impose painful austerity measures and enforce uninterrupted debt service during times of crisis—with devastating social consequences and far-reaching implications for democracy.

Download or read book Human Rights and Economic Policy Reform written by Aoife Nolan and published by Routledge. This book was released on 2021-09-22 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the complex and challenging relationship between economic policy and human rights. In the context of the COVID-19 pandemic crisis, the need to address the conceptual and methodological (dis)connects between these two areas is more pressing than ever. Inspired by the 2019 United Nations Guiding Principles on Human Rights Impact Assessments (HRIA) for Economic Reform Policies, this book brings together experts working on human rights and economic policy from a range of disciplinary perspectives, including economics, law, and development studies. The contributions reflect a huge body of professional experience in the academic, policy-making, advocacy, and practitioner fields. They cover issues including the politics of evidence in the context of HRIA, economic inequality, child rights impact assessment of economic reforms, economic policy and women’s human rights, tax regimes for multinational corporations and human rights, as well as the human rights impacts of the economic fall-out of the COVID-19 pandemic. The collection also includes the text of the Guiding Principles themselves. It constitutes a crucial volume for scholars, policymakers, advocates and others working on the burning topic of human rights and economic policy reform. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Download or read book Sovereign Debt and Socio Economic Rights Beyond Crisis written by Emma Luce Scali and published by Cambridge University Press. This book was released on 2022-02-24 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a distinctive critical discussion of the relationship between sovereign debt and socio-economic human rights in the context of the contemporary global neoliberal economic order, going beyond strictly 'post-crisis' approaches and emphasising the structural character and consistent growth of public and private indebtedness. It reflects on the implications of mounting debt for the actual ability of States to realise human rights in a world of escalating indebtedness, inequality and insecurity. It expands existing definitions of neoliberalism by reflecting in particular on neoliberalism's epistemological underpinnings, and provides a comprehensive and systematic analysis of the 2009 Greek debt crisis and the main elements of post-crisis developments in international and EU law, arguing that the 'neoliberalisation of law' has essentially been advanced in the wake of the Eurozone debt crisis.

Download or read book Gendered Paradoxes written by Amy Lind and published by Penn State Press. This book was released on 2015-11-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1980s Ecuador has experienced a series of events unparalleled in its history. Its “free market” strategies exacerbated the debt crisis, and in response new forms of social movement organizing arose among the country’s poor, including women’s groups. Gendered Paradoxes focuses on women’s participation in the political and economic restructuring process of the past twenty-five years, showing how in their daily struggle for survival Ecuadorian women have both reinforced and embraced the neoliberal model yet also challenged its exclusionary nature. Drawing on her extensive ethnographic fieldwork and employing an approach combining political economy and cultural politics, Amy Lind charts the growth of several strands of women’s activism and identifies how they have helped redefine, often in contradictory ways, the real and imagined boundaries of neoliberal development discourse and practice. In her analysis of this ambivalent and “unfinished” cultural project of modernity in the Andes, she examines state policies and their effects on women of various social sectors; women’s community development initiatives and responses to the debt crisis; and the roles played by feminist “issue networks” in reshaping national and international policy agendas in Ecuador and in developing a transnationally influenced, locally based feminist movement.

Download or read book Mediating Sovereign Debt Disputes written by Calliope Makedon Sudborough and published by Springer Nature. This book was released on 2024-01-08 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns. Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.

Download or read book Financial Cultures and Crisis Dynamics written by Bob Jessop and published by Routledge. This book was released on 2014-10-17 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis exposed both a naïve faith in mathematical models to manage risk and a crude culture of greed that embraces risk. This book explores cultures of finance in sites such as corporate governance, hedge funds, central banks, the City of London and Wall Street, and small and medium enterprises. It uses different methods to explore these cultures and their interaction with different financial orders to improve our understanding of financial crisis dynamics. The introduction identifies types of cultural turn in studies of finance. Part I outlines relevant research methods, including comparison of national cultures viewed as independent variables, cultural political economy, and critical discourse and narrative policy analysis. Part II examines different institutional cultures of finance and the cult of entrepreneurship. Part III offers historical, comparative, and contemporary analyses of financial regimes and their significance for crisis dynamics. Part IV explores organizational cultures, modes of calculation, and financial practices and how they shape economic performance and guide crisis management. Part V considers crisis construals and responses in the European Union and China. This book’s great strength is its multi-faceted approach to cultures of finance. Contributors deploy the cultural turn creatively to enhance comparative and historical analysis of financial regimes, institutions, organizations, and practices as well as their roles in crisis generation, construal, and management. Developing different paradigms and methods and elaborating diverse case studies, the authors illustrate not only how and why ‘culture matters’ but also how its significance is shaped by different financial regimes and contexts.