scholarly journals Lawyers: Gatekeepers of the Sovereign Debt Market?

2012 ◽  
Author(s):  
Michael Bradley ◽  
Irving De Lira Salvatierra ◽  
G. Mitu Gulati
Keyword(s):  
Sovereign Debt ◽  
Debt Market

scholarly journals Will the Sovereign Debt Market Survive?

2003 ◽  
Vol 93 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Andrei Shleifer
Keyword(s):  
Sovereign Debt ◽  
Debt Market

scholarly journals The Market Reaction to Legal Shocks and Their Antidotes: Lessons from the Sovereign Debt Market

2010 ◽  
Vol 39 (1) ◽  
pp. 289-324 ◽  
Author(s):  
Michael Bradley ◽  
James D. Cox ◽  
Mitu Gulati
Keyword(s):  
Sovereign Debt ◽  
Market Reaction ◽  
Debt Market

scholarly journals Global Justice: Why not State jurisdictions in transnational financial disputes?

2020 ◽  
Vol 11 (3) ◽  
pp. 1483-1547
Author(s):  
Alejandro Gabriel Manzo
Keyword(s):  
Comparative Analysis ◽  
Sovereign Debt ◽  
Global Justice ◽  
Judicial System ◽  
State Courts ◽  
Sovereign State ◽  
Trial Judges ◽  
Debt Market ◽  
Argumentative Strategies ◽  
Reform Processes

Abstract The article brings the debate about Global Justice to the centre stage of the Sovereign Debt Restructuring (SDRs) field. The judicial system that intervenes in sovereign debt conflicts was not on the agenda of the last reform processes activated in this field. In the NML Capital vs. Argentina (NML) trial, judges from different instances and different jurisdictions issued declarations of the same dimensions related to the same object of litigation. The article makes a comparative analysis of the argumentative strategies that judges used at the time of justifying their positions in order to show the tensions in which they incurred. It is explained that: a) these tensions are the result of agents -the judges- that must take decisions in a context of crossroads where the expected option in accordance with usual legal practices would undermine their own position in the field of sovereign debt market; b) these crossroads are rooted in the structural limits of the judicial system in which these agents operate. Contrary to what official statements postulate, it is argued that these limits conspire against the possibility that state courts provide Justice in transnational disputes, in which they must judge another equally sovereign State.

News spillovers in the sovereign debt market

2005 ◽  
Vol 75 (3) ◽  
pp. 691-734 ◽  
Author(s):  
Amar Gande ◽  
David C. Parsley
Keyword(s):  
Sovereign Debt ◽  
Debt Market

scholarly journals Lawyers: Gatekeepers of the sovereign debt market?

2014 ◽  
Vol 38 ◽  
pp. 150-168 ◽  
Author(s):  
Michael Bradley ◽  
Irving De Lira Salvatierra ◽  
Mitu Gulati
Keyword(s):  
Sovereign Debt ◽  
Debt Market

Good Faith in Sovereign Debt Restructuring: Mapping a Shift from Enforcement to Voluntary Compliance

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Dania Thomas ◽  
Javier García-Fronti
Keyword(s):  
Collective Action ◽  
Sovereign Debt ◽  
Legal Rule ◽  
Good Faith ◽  
Fair Dealing ◽  
Voluntary Compliance ◽  
Debt Market ◽  
Specific Standard ◽  
Collective Action Clauses ◽  
The U.S

AbstractOur examination of changes in the period leading up to the Argentine debt exchange and after, reveals that with Collective Action Clauses (CACs), the sovereign debt market is increasingly reliant on good faith as a standard of fair dealing to ensure fair and orderly debt restructurings in the future. Unlike the entrenched, enforceable, doctrinal good faith in domestic jurisdictions such as the U.S., the norm relied on in the sovereign debt market is a contextual open norm similar to the notion of Treu und Glauben, section 242 BGB of the German civil code. It is not a legal rule with specific requirements that need to be fulfilled. This paper reveals that reliance on a contextual, open norm is evidence of a shift in the framework that regulates sovereign debt restructurings: a shift from enforcement to voluntary compliance. Further, we argue that in the absence of a multilateral, regulatory, framework that embeds good faith as a specific standard of fair dealing, this reliance will exacerbate not solve the problem of sovereign debt restructurings.

The European sovereign debt market: from integration to segmentation

2013 ◽  
Vol 21 (2) ◽  
pp. 111-128 ◽  
Author(s):  
Andrea Cipollini ◽  
Jerry Coakley ◽  
Hyunchul Lee
Keyword(s):  
Sovereign Debt ◽  
Debt Market
Sign in / Sign up

Export Citation Format

Share Document