Restructuring Argentinas Sovereign Debts Navigating The Legal Labyrinth

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Restructuring Argentina's Sovereign Debts - Navigating the Legal Labyrinth

Author : Sebastian Grund
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Restructuring Argentina's Sovereign Debts - Navigating the Legal Labyrinth by : Sebastian Grund

Download or read book Restructuring Argentina's Sovereign Debts - Navigating the Legal Labyrinth written by Sebastian Grund and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Feb. 19, 2020, the IMF declared that Argentina's debts were no longer sustainable and called upon bondholders to help resolve the crisis. A schedule for the restructuring of Argentina's external debt has been announced by the Argentina Ministry of Finance on Jan. 29, 2020. According to the Ministry, Argentina plans to launch a debt restructuring offer in the second week of March and execute the offer by the end of March. This short essay provides an overview of the intricate challenges that Argentina would be facing in a potential restructuring of its sovereign debt obligations, with a focus on the legal aspects. After mapping the respective debt instruments, which include domestic debt, international sovereign bonds, as well as loans from international financial institutions, I turn to the key legal obstacles when it comes to the (unilateral) restructuring.The paper posits that the most significant legal risks are likely to occur with respect to international bonds and disruptive legal actions taken by their holders. Uncooperative creditors may engage in holdout tactics with the goal of obtaining a better settlement than their peers by refusing to settle and ultimately launching litigation proceedings in foreign courts. The latest type of Argentine bonds ("Macri bonds") include modern, fully-aggregated, single-limb Collective Action Clauses (CACs), which are powerful in ameliorating such holdout inefficiencies. However, several older bonds ("Kirchner bonds") feature an outdated model of CACs, and generally afford stronger enforcement rights to bondholders. Unsurprisingly, creditor holding Kirchner bonds have already formed committees to leverage their negotiation position. Another related difficulty that this paper reviews arises from the requirement in Argentina's newer ("Macri") bonds that a restructuring offer must be "uniformly applicable" for all affected series of bonds. Given the two different sets of bond contracts involved, this requirement may lead to complex transactional and design questions. Finally, with respect to the interpretation of the pari passu clause included in Argentina's bond prospectuses, the essay argues that a recent decision by the Southern District Court of New York significantly reduced the risks of specialized holdouts attacking a majority-approved debt workout.To be sure, modern sovereign bond restructurings rest on the basic premise of bondholder democracy. In other words, as long as a sufficient majority of creditors accepts a restructuring offer, most legal obstacles can be overcome. However, the entrance of specialized distressed-debt managers the market suggests that some investors will gamble for a better deal, or try to leverage their contractual rights against the country in a classic holdout manner. While Argentina certainly finds itself in a legally superior position compared to its last debt crisis, the country will soon have to sail into choppy legal seas where all sorts of hazards lurk - some of which the country is all too familiar with.

Sovereign Debt Diplomacies

Author : Pierre Penet
Publisher : Oxford University Press
ISBN 13 : 0198866356
Total Pages : 371 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Sovereign Debt Diplomacies by : Pierre Penet

Download or read book Sovereign Debt Diplomacies written by Pierre Penet and published by Oxford University Press. This book was released on 2021 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Sovereign Debt Diplomacies aims to revisit the meaning of sovereign debt in relation to colonial history and postcolonial developments. It offers three main contributions. The first contribution is historical. The volume historicises a research field that has so far focused primarily on the post-1980 years. A focus on colonial debt from the 19th century building of colonial empires to the decolonisation era in the 1960s-70s fills an important gap in recent debt historiographies. Economic historians have engaged with colonialism only reluctantly or en passant, giving credence to the idea that colonialism is not a development that deserves to be treated on its own. This has led to suboptimal developments in recent scholarship. The second contribution adds a 'law and society' dimension to studies of debt. The analytical payoff of the exercise is to capture the current developments and functional limits of debt contracting and adjudication in relation to the long-term political and sociological dynamics of sovereignty. Finally, Sovereign Debt Diplomacies imports insights from, and contributes to the body of research currently developed in the Humanities under the label 'colonial and postcolonial studies'. The emphasis on 'history from below' and focus on 'subaltern agency' usefully complement the traditional elite-perspective on financial imperialism favoured by the British school of empire history.

The International Law of Sovereign Debt Dispute Settlement

Author : Kei Nakajima
Publisher : Cambridge University Press
ISBN 13 : 1009250027
Total Pages : 381 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis The International Law of Sovereign Debt Dispute Settlement by : Kei Nakajima

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: This book fills the normative gap arising from the absence of a multilateral mechanism for sovereign debt restructuring.

Intercreditor Equity in Sovereign Debt Restructuring

Author : Astrid Iversen
Publisher : Oxford University Press
ISBN 13 : 0192692429
Total Pages : 273 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Intercreditor Equity in Sovereign Debt Restructuring by : Astrid Iversen

Download or read book Intercreditor Equity in Sovereign Debt Restructuring written by Astrid Iversen and published by Oxford University Press. This book was released on 2023-03-07 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of intercreditor equity is one of the most contentious issues in debt restructuring, both historically and today. Intercreditor Equity in Sovereign Debt Restructuring maps and establishes the content of these intercreditor equity rules, and analyses how they influence the restructuring process. Through this analysis, Astrid Iversen outlines how creditors can predict their legal rights in the unfortunate event of a debt restructuring and strives to improve our understanding of the boundaries within which a debt restructuring offer must be designed. Iversen also seeks to shed light on the functioning of the legal framework governing sovereign debt more broadly. In this book, she examines whether intercreditor equity rules and the legal framework of sovereign debt are compatible with a debtor state's responsibility to ensure monetary and financial stability and to establish sustainable debt burdens. Iversen also explores how certain intercreditor equity rules constitute an obstacle to sustainable debt restructurings and highlights how the number of different intercreditor equity rules that a sovereign debtor state typically is bound by, as well as the scope of these rules, risk tightening the policy space of debtor states to the extent that it is difficult to design and implement a sustainable debt restructuring. Suitable as an introductory text for readers new to the topic of sovereign debt restructurings, and as an instructive guide for debt management offices, creditors, and their lawyers, this publication provides a comprehensive legal study of intercreditor equity rules in sovereign debt restructuring.

Why Austerity Persists

Author : Jon Shefner
Publisher : John Wiley & Sons
ISBN 13 : 1509509909
Total Pages : 170 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Why Austerity Persists by : Jon Shefner

Download or read book Why Austerity Persists written by Jon Shefner and published by John Wiley & Sons. This book was released on 2019-12-18 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several nations in the Global North have turned to austerity policies in an effort to resolve recent financial ills. What many failed to recognize is the longer history and varied pattern of such policies in the Global South over preceding decades – policies which had largely proven to fail. Shefner and Blad trace the 45-year history of austerity and how it became the go-to policy to resolve a host of economic problems. The authors use a variety of international cases to address how austerity has been implemented, who has been hurt, and who has benefited. They argue that the policy has been used to address very different kinds of crises, making states and polities responsible for a variety of errors and misdeeds of private actors. The book answers a number of important questions: why austerity persists as a policy aimed at resolving national crises despite evidence that it often does not work; how the policy has evolved over recent decades; and which powerful people and institutions have helped impose it across the globe. This timely book will appeal to students, researchers, and policymakers interested in globalization, development, political economy, and economic sociology.

Stolen Asset Recovery

Author :
Publisher : World Bank Publications
ISBN 13 : 082137902X
Total Pages : 284 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Stolen Asset Recovery by :

Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

The Globalization Paradox

Author : Dani Rodrik
Publisher : OUP Oxford
ISBN 13 : 0191634255
Total Pages : 442 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Globalization Paradox by : Dani Rodrik

Download or read book The Globalization Paradox written by Dani Rodrik and published by OUP Oxford. This book was released on 2012-05-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a century, economists have driven forward the cause of globalization in financial institutions, labour markets, and trade. Yet there have been consistent warning signs that a global economy and free trade might not always be advantageous. Where are the pressure points? What could be done about them? Dani Rodrik examines the back-story from its seventeenth-century origins through the milestones of the gold standard, the Bretton Woods Agreement, and the Washington Consensus, to the present day. Although economic globalization has enabled unprecedented levels of prosperity in advanced countries and has been a boon to hundreds of millions of poor workers in China and elsewhere in Asia, it is a concept that rests on shaky pillars, he contends. Its long-term sustainability is not a given. The heart of Rodrik’s argument is a fundamental 'trilemma': that we cannot simultaneously pursue democracy, national self-determination, and economic globalization. Give too much power to governments, and you have protectionism. Give markets too much freedom, and you have an unstable world economy with little social and political support from those it is supposed to help. Rodrik argues for smart globalization, not maximum globalization.

Strengthening the Contractual Framework to Address Collective Action Problems in Sovereign Debt Restructuring

Author : International Monetary Fund
Publisher : International Monetary Fund
ISBN 13 : 1498342795
Total Pages : 49 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Strengthening the Contractual Framework to Address Collective Action Problems in Sovereign Debt Restructuring by : International Monetary Fund

Download or read book Strengthening the Contractual Framework to Address Collective Action Problems in Sovereign Debt Restructuring written by International Monetary Fund and published by International Monetary Fund. This book was released on 2014-02-09 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper identifies contractual reforms designed to address collective action problems in sovereign debt restructuring. Since any decisions regarding the design of contractual provisions will need to be made by the sovereign issuer and its creditors, it is recognized that the Fund’s primary role will be to facilitate agreement on the design and use of these provisions.

World Development Report 2017

Author : World Bank Group
Publisher : World Bank Publications
ISBN 13 : 1464809518
Total Pages : 605 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis World Development Report 2017 by : World Bank Group

Download or read book World Development Report 2017 written by World Bank Group and published by World Bank Publications. This book was released on 2017-01-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.

The IMF and the Latin American Debt Crisis

Author : Mr.James M. Boughton
Publisher : International Monetary Fund
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis The IMF and the Latin American Debt Crisis by : Mr.James M. Boughton

Download or read book The IMF and the Latin American Debt Crisis written by Mr.James M. Boughton and published by International Monetary Fund. This book was released on 1994-10-10 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IMF played a key role in developing and implementing the debt strategy throughout the 1980s. That strategy not only overcame the crisis but also produced successful transformationsof several major economiesin Latin America. Nonetheless, the IMF's role has also been criticized on several grounds. This study examines seven such criticisms.

From Poverty to Power

Author : Duncan Green
Publisher : Oxfam
ISBN 13 : 0855985933
Total Pages : 540 pages
Book Rating : 4.8/5 (559 download)

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Book Synopsis From Poverty to Power by : Duncan Green

Download or read book From Poverty to Power written by Duncan Green and published by Oxfam. This book was released on 2008 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a look at the causes and effects of poverty and inequality, as well as the possible solutions. This title features research, human stories, statistics, and compelling arguments. It discusses about the world we live in and how we can make it a better place.

Crisis and Reform in Latin America

Author : Sebastian Edwards
Publisher : World Bank Publications
ISBN 13 : 9780195211054
Total Pages : 380 pages
Book Rating : 4.2/5 (11 download)

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Book Synopsis Crisis and Reform in Latin America by : Sebastian Edwards

Download or read book Crisis and Reform in Latin America written by Sebastian Edwards and published by World Bank Publications. This book was released on 1995 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a thorough analytical review of the processes that led to the transformation of many Latin American economies during the last decade. The author examines every aspect of adjustment and reform since 1980 and suggests alternative ways to consolidate the achievements.

The World Bank Legal Review

Author : Hassane Cissé
Publisher : World Bank Publications
ISBN 13 : 0821388649
Total Pages : 429 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis The World Bank Legal Review by : Hassane Cissé

Download or read book The World Bank Legal Review written by Hassane Cissé and published by World Bank Publications. This book was released on 2011-11-04 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.

Economic Policy for a Pandemic Age

Author : Monica de Bolle
Publisher : Peterson Institute for International Economics
ISBN 13 : 0881327425
Total Pages : 149 pages
Book Rating : 4.8/5 (813 download)

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Book Synopsis Economic Policy for a Pandemic Age by : Monica de Bolle

Download or read book Economic Policy for a Pandemic Age written by Monica de Bolle and published by Peterson Institute for International Economics. This book was released on 2021-04-05 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global health and economic threats from the COVID-19 pandemic are not yet behind us. While the development of multiple safe and highly effective vaccines in less than a year is cause for hope, several significant dangers to recovery of global health and income are still clear and present: New concerning variants of SARS-CoV-2, the virus that causes COVID-19, continue to emerge at an alarming rate in different parts of the world; at the same time, vaccine rollouts have been shockingly inefficient even in some rich countries, while much of the developing world waits in line behind them for vaccines to arrive. The Briefing covers several policy areas in which cooperative forward-looking policy action will materially improve our chances of truly escaping today's pandemic and making future pandemics less costly.

Too Little, Too Late

Author : Martin Guzman
Publisher : Columbia University Press
ISBN 13 : 023154202X
Total Pages : 307 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Too Little, Too Late by : Martin Guzman

Download or read book Too Little, Too Late written by Martin Guzman and published by Columbia University Press. This book was released on 2016-05-10 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current approach to resolving sovereign debt crises does not work: sovereign debt restructurings come too late and address too little. Though unresolved debt crises impose enormous costs on societies, many recent restructurings have not been deep enough to provide the conditions for economic recovery (as illustrated by the Greek debt restructuring of 2012). And if the debtor decides not to accept the terms demanded by the creditors, finalizing a restructuring can be slowed by legal challenges (as illustrated by the recent case of Argentina, deemed as "the trial of the century"). A fresh start for distressed debtors is a basic principle of a well-functioning market economy, yet there is no international bankruptcy framework for sovereign debts. While this problem is not new, the United Nations and the global community are now willing to do something about it. Providing guidance for those who intend to take up reform, this book assesses the relative merits of various debt-restructuring proposals, especially in relation to the main deficiencies of the current nonsystem. With contributions by leading academics and practitioners, Too Little, Too Late reflects the overwhelming consensus among specialists on the need to find workable solutions.

Doing Business 2017

Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464809844
Total Pages : 1549 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Doing Business 2017 by : World Bank

Download or read book Doing Business 2017 written by World Bank and published by World Bank Publications. This book was released on 2016-10-25 with total page 1549 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fourteenth in a series of annual reports comparing business regulation in 190 economies, Doing Business 2017 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. This year’s report introduces major improvements by expanding the paying taxes indicators to cover postfiling processes—tax audits, tax refunds and tax appeals—and presents analysis of pilot data on selling to the government which measures public procurement regulations. Also for the first time this year Doing Business collects data on Somalia, bringing the total number of economies covered to 190. Using the data originally developed by Women, Business and the Law, this year for the first time Doing Business adds a gender component to three indicators—starting a business, registering property, and enforcing contracts—and finds that those economies which limit women’s access in these areas have fewer women working in the private sector both as employers and employees. The report updates all indicators as of June 1, 2016, ranks economies on their overall “ease of doing business†?, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 137 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,182 articles in peer-reviewed academic journals since its inception.

The Urban Rail Development Handbook

Author : Daniel Pulido
Publisher : World Bank Publications
ISBN 13 : 146481273X
Total Pages : 845 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis The Urban Rail Development Handbook by : Daniel Pulido

Download or read book The Urban Rail Development Handbook written by Daniel Pulido and published by World Bank Publications. This book was released on 2018-09-11 with total page 845 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cities across the globe are looking to develop affordable, environmentally friendly, and socially responsible transportation solutions that can meet the accessibility needs of expanding metropolitan populations and support future economic and urban development. When appropriately planned and properly implemented as part of a larger public transportation network, urban rail systems can provide rapid mobility and vital access to city centers from surrounding districts. High-performing urban rail services, when carefully approached as development projects, can help enhance quality of life by giving citizens access to employment opportunities, essential services, urban amenities, and neighboring communities. The purpose of this Handbook is to synthesize and disseminate knowledge to inform the planning, implementation, and operations of urban rail projects with a view towards: -- Emphasizing the need for early studies and project planning; -- Making projects more sustainable (economically, socially, and environmentally); -- Improving socioeconomic returns and access to opportunities for users; -- Maximizing the value of private participation, where appropriate; and -- Building capacity within project implementing and managing institutions This Handbook provides experiential advice to tackle the technical, institutional, and financial challenges faced by decision makers considering urban rail projects. It brings together the expertise of World Bank staff and the input of numerous specialists to synthesize international 'good practices' and recommendations that are independent of commercial, financial political, or other interests. The material presented is intended as an honest-broker guide to maximize the impact and manage the challenges of urban rail systems in cities in both developed and developing countries. Rather than identify a single approach, this Handbook acknowledges the complexities and context necessary when approaching an urban rail development by helping to prepare decision makers to ask the right questions, consider the key issues, perform the necessary studies, apply adequate tools, and learn from international good practice all at the right time in the project development process.