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.
This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework.
Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time.
See IMF, 'Review of the Debt Sustainability Framework for Market Access Countries' (February 2021) IMF Policy Papers
Lex Sportiva – Beiträge zum Sportrecht (2015), pp. 145, 150. 553 Vieweg and Staschik, “The Lex Sportiva”, in Vieweg (ed.), Lex Sportiva – Beiträge zum Sportrecht (2015), pp. 18, 24 et seq. (with many examples) and an assessment at pp.
Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time.
The book "Sovereign Debt Restructuring: The Role and Limits of Public International Law" will appeal to scholars and legal practitioners.
This book assesses the role of international law in sovereign financing, addressing this issue from both legal and economic standpoints.
International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to...
... International Procedural Law Erpelding M (2020c) International law and the European Court of Justice: the politics of avoiding history. J Hist Int Law/Revue d'histoire du droit international 22(2–3):446–471 Erpelding M, Rherrousse F (2019) ...
This book examines this evolution in detail, and provides a conceptual framework to demonstrate what this means for the legal and economic challenges faced by the international community.