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Towards a Reorganisation System for Sovereign Debt

Towards a Reorganisation System for Sovereign Debt
Author: Holger Schier
Publisher: Martinus Nijhoff Publishers
Total Pages: 325
Release: 2007
Genre: Law
ISBN: 900416247X

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The insolvency of sovereign debtors is a virtually timeless phenomenon and yet the existing international financial architecture does not provide any legal framework to deal with this issue. Following an overview of the main proposals as to how to bridge this gap, this study analyses the extent to which public international law can be used as a source for the establishment of a reorganisation system for sovereign debt. While there is no adequate customary international law relating to sovereign insolvencies, reference can instead be made to the growing body of general principles of law. This is illustrated by a comparison of the systems of corporate financial reorganisation in insolvency in six representatively selected countries - Argentina, England, France, Germany, Indonesia and the U.S. Due to the inherent lack of enforceability with regard to sovereign debtors, in order to be able to provide a basis for a reorganisation system for sovereign debt, these principles need to be complemented with a compliance control mechanism. This study suggests how such a system could be constructed and implemented.


Towards a Reorganisation System for Sovereign Debt

Towards a Reorganisation System for Sovereign Debt
Author: Holger Schier
Publisher: BRILL
Total Pages: 324
Release: 2007-11-30
Genre: Law
ISBN: 9047431421

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The insolvency of sovereign debtors is a virtually timeless phenomenon and yet the existing international financial architecture does not provide any legal framework to deal with this issue. Following an overview of the main proposals as to how to bridge this gap, this study analyses the extent to which public international law can be used as a source for the establishment of a reorganisation system for sovereign debt. While there is no adequate customary international law relating to sovereign insolvencies, reference can instead be made to the growing body of general principles of law. This is illustrated by a comparison of the systems of corporate financial reorganisation in insolvency in six representatively selected countries - Argentina, England, France, Germany, Indonesia and the U.S. Due to the inherent lack of enforceability with regard to sovereign debtors, in order to be able to provide a basis for a reorganisation system for sovereign debt, these principles need to be complemented with a compliance control mechanism. This study suggests how such a system could be constructed and implemented.


The Challenge of Sovereign Insolvency - Critique and Commentary on Towards a Reorganisation System for Sovereign Debt, by Holger Schier

The Challenge of Sovereign Insolvency - Critique and Commentary on Towards a Reorganisation System for Sovereign Debt, by Holger Schier
Author: Anthony N. Odiadi
Publisher:
Total Pages: 28
Release: 2015
Genre:
ISBN:

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A Reorganisation of the system of sovereign insolvency holds the potential of putting some order and ensuring greater efficiency in the management of Sovereign Debt. The practice and procedure of sovereign debt management is largely still unregulated and so unpredictable as debtor default and creditor response depends on the impulses of the parties as the Argentine cases has shown. Dr Holger Schier offers much that puts some clarity in the book on several aspects of the law of sovereign insolvency. The Greek debt crisis has brought the situation home to the Eurozone but the experience of managing the Sub-Saharan debt will prove instructive all the same.


Sovereign Debt Restructurings 1950-2010

Sovereign Debt Restructurings 1950-2010
Author: Mr.Udaibir S. Das
Publisher: International Monetary Fund
Total Pages: 128
Release: 2012-08-01
Genre: Business & Economics
ISBN: 1475505531

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This paper provides a comprehensive survey of pertinent issues on sovereign debt restructurings, based on a newly constructed database. This is the first complete dataset of sovereign restructuring cases, covering the six decades from 1950–2010; it includes 186 debt exchanges with foreign banks and bondholders, and 447 bilateral debt agreements with the Paris Club. We present new stylized facts on the outcome and process of debt restructurings, including on the size of haircuts, creditor participation, and legal aspects. In addition, the paper summarizes the relevant empirical literature, analyzes recent restructuring episodes, and discusses ongoing debates on crisis resolution mechanisms, credit default swaps, and the role of collective action clauses.


Managing the Sovereign-Bank Nexus

Managing the Sovereign-Bank Nexus
Author: Mr.Giovanni Dell'Ariccia
Publisher: International Monetary Fund
Total Pages: 54
Release: 2018-09-07
Genre: Business & Economics
ISBN: 1484359623

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This paper reviews empirical and theoretical work on the links between banks and their governments (the bank-sovereign nexus). How significant is this nexus? What do we know about it? To what extent is it a source of concern? What is the role of policy intervention? The paper concludes with a review of recent policy proposals.


Resolving Sovereign Debt Crises

Resolving Sovereign Debt Crises
Author: Jürgen Kaiser
Publisher:
Total Pages: 39
Release: 2010
Genre:
ISBN: 9783868724776

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The Sovereign Debt Crisis

The Sovereign Debt Crisis
Author: Anton Brender
Publisher:
Total Pages: 0
Release: 2013
Genre: Business & Economics
ISBN: 9789461383372

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"The Sovereign Debt Crisis," 2012 edition, looked at how governments ran up substantial deficits in order to avert a worldwide depression and their subsequent attempts to rebalance their budgets. This updated edition concentrates on the delicate balancing act the economies of the United States, Japan, and the eurozone face between the present need to boost sluggish economic growth by providing sufficiently cheap, low-risk credit and the longer-term challenges of cutting massive debt and returning to a sustainable fiscal policy. The authors argue that many of the euro area economies, having noticeable difficulty paying their international debts, are in a sovereign debt crisis, while America and Japan are, for now, holding steady but in real danger of slipping into crisis. The book shows how the process has evolved in these three major developed economies and how their policy choices impact global financial markets.


Restructuring Sovereign Debt

Restructuring Sovereign Debt
Author: Lex Rieffel
Publisher: Rowman & Littlefield
Total Pages: 372
Release: 2003-09-05
Genre: Business & Economics
ISBN: 9780815796114

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The Western powers established the International Monetary Fund (IMF) and the World Bank after World War II as "permanent machinery" to anchor the Bretton Woods system. When developing countries began experiencing debt problems in the late 1960s, the Paris Club took shape as "ad hoc machinery" to restructure debt from export credit agencies. A decade later the London Club process emerged to handle workouts of commercial bank debt. Restructuring debt in the form of bonds became an issue in the late 1990s in Argentina and several other nations, and the IMF recently proposed a permanent mechanism to deal with that challenge. Restructuring Sovereign Debt explains why ad hoc machinery would function more effectively in the Bretton Woods system. By describing in detail the origins and operations of the London Club and Paris Club, Lex Rieffel highlights the pragmatism and flexibility associated with ad hoc approaches. He also recalls earlier proposals for creating permanent debt restructuring machinery and the reasons why they were not adopted. Recognizing that the issue of sovereign debt workout is complex, Rieffel has provided a comprehensive and detailed exposition of this important policy issue. Rieffel's book is an important tool for policymakers and the public, particularly as the global community seeks to resolve the debt problems of countries as diverse as Argentina, Iraq, and Côte d'Ivoire.


The Liquidation of Government Debt

The Liquidation of Government Debt
Author: Ms.Carmen Reinhart
Publisher: International Monetary Fund
Total Pages: 47
Release: 2015-01-21
Genre: Business & Economics
ISBN: 1498338380

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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.


Global Waves of Debt

Global Waves of Debt
Author: M. Ayhan Kose
Publisher: World Bank Publications
Total Pages: 403
Release: 2021-03-03
Genre: Business & Economics
ISBN: 1464815453

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The global economy has experienced four waves of rapid debt accumulation over the past 50 years. The first three debt waves ended with financial crises in many emerging market and developing economies. During the current wave, which started in 2010, the increase in debt in these economies has already been larger, faster, and broader-based than in the previous three waves. Current low interest rates mitigate some of the risks associated with high debt. However, emerging market and developing economies are also confronted by weak growth prospects, mounting vulnerabilities, and elevated global risks. A menu of policy options is available to reduce the likelihood that the current debt wave will end in crisis and, if crises do take place, will alleviate their impact.