Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

An Insolvency System for Sovereigns Derived from General Principles of International Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The idea that general principles of international law can play an important role in constructing the legal framework for sovereigns acting in the area of international finance is hardly a new one. As early as 1964 - when the international financial architecture as we know it today was still in statu nascendi - Friedmann noted that states were increasingly acting like private parties in their international financial relations. This development has gained significant momentum since those days, so that there are no general objections against transfer of principles derived from domestic insolvency laws to sovereign debt reorganisation. However, the development of a debt reorganisation system for sovereigns derived from general principles of international law would have to be possible in technical terms. Assuming that this obstacle can be overcome, the next step in finding general principles for such an insolvency system for sovereigns is to select the relevant legal systems.

Keywords: domestic insolvency laws; insolvency system; international finance; international financial architecture; international law; legal framework; sovereign debt reorganisation; sovereigns

10.1163/ej.9789004162471.i-312.25
/content/books/10.1163/ej.9789004162471.i-312.25
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Towards a Reorganisation System for Sovereign Debt — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation