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Too Little, Too LateThe Quest to Resolve Sovereign Debt Crises$
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Martin Guzman, José Antonio Ocampo, and Joseph E. Stiglitz

Print publication date: 2016

Print ISBN-13: 9780231179263

Published to Columbia Scholarship Online: January 2017

DOI: 10.7312/columbia/9780231179263.001.0001

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PRINTED FROM COLUMBIA SCHOLARSHIP ONLINE (www.columbia.universitypressscholarship.com). (c) Copyright University of Minnesota Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CUPSO for personal use.date: 28 July 2021

Debts, Human Rights, and the Rule of Law

Debts, Human Rights, and the Rule of Law

Advocating a Fair and Efficient Sovereign Insolvency Model

Chapter:
(p.253) Chapter 15 Debts, Human Rights, and the Rule of Law
Source:
Too Little, Too Late
Author(s):

Kunibert Raffer

Publisher:
Columbia University Press
DOI:10.7312/columbia/9780231179263.003.0016

Chapter 15: The shortcomings of the present international financial architecture and the limits of the contractual approach were forcefully recalled recently. Starting from the UN’s demand for sovereign insolvency, this paper analyzes which elements are indispensable for any model to be rightly called insolvency: equality of parties instead of creditor diktat, debtor protection, fairness and a solution in the best interest of all creditors. This is important as private creditors have increasingly had to suffer unnecessary losses caused by the public sector. For countries, the problem of sovereignty must be solved. A model is presented that fulfills all these requirements, the Raffer Proposal. The paper concludes by showing that there has been progress since the 1980s, although at snail speed.

Keywords:   Sovereign insolvency, Human Rights, International Lending, Debt Overhang, International Financial Architecture, US Chapter 9, 

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