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The volume contains articles based on presentations given at a conference hosted by the Institute for Law and Finance of Goethe University on October 27, 2011. Collective action clauses are an example of the typical dichotomy of financial regulation: While the problems are economic in nature, the solutions need to be implemented by law. The Institute for Law and Finance strives to bring together law and finance in order to foster a better mutual understanding of both disciplines and to improve the regulation of financial markets. Thus, the organizers are particularly pleased that eminent experts from the fields of law and finance agreed to participate in the event and to share their views on and experiences with collective action clauses. The presentations given at the conference have been updated in 2012 to reflect recent developments.
Debts, Public --- Executions (Law) --- Loans, Foreign --- Law and legislation --- Debt relief --- Debts, External --- -Government securities --- 343.037 --- Fb2.3 --- Government agency securities --- Government bonds --- Public securities --- Treasuries (Securities) --- Treasury bonds --- Bonds --- Securities --- Debts, Foreign --- Debts, International --- External debts --- Foreign debts --- International debts --- Debt --- International finance --- Investments, Foreign --- Debt renegotiation --- Debt rescheduling --- Debt restructuring --- Relief, Debt --- Renegotiation, Debt --- Rescheduling, Debt --- Restructuring, Debt --- Debtor and creditor --- Debts, Government --- Government debts --- National debts --- Public debt --- Public debts --- Sovereign debt --- Deficit financing --- Dettes publiques --- Voies d'exécution --- Prêts étrangers --- Dettes --- Relief --- Droit --- Allègement --- Prêts étrangers --- Voies d'exécution --- Debts, Public -- Law and legislation. --- Executions (Law). --- Loans, Foreign -- Law and legislation. --- Foreign loans --- International loans --- Loans, International --- Loans --- Conditionality (International relations) --- Foreign loan insurance --- Civil procedure --- Judgments --- Writs --- Droit.
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"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 shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults"--
International law --- Public debt --- -Arbitration, International --- Arbitration (international law). --- Debts, external --- Debts, public --- Debts, Public --- Debts, External --- Arbitration (International law) --- International courts --- Law and legislation --- International courts. --- Law / international. --- Law and legislation. --- 343.037 --- Fb2.3 --- Law of nations --- Nations, Law of --- Public international law --- Law --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Mediation, International --- Debts, Government --- Government debts --- National debts --- Public debts --- Sovereign debt --- Debt --- Bonds --- Deficit financing --- Debts, Foreign --- Debts, International --- External debts --- Foreign debts --- International debts --- International finance --- Investments, Foreign --- Debts, Public - Law and legislation --- Debts, External - Law and legislation --- Dettes extérieures --- Arbitrage international --- Tribunaux internationaux --- Souveraineté --- Droit
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Debt relief. --- Debts, Public --- Executions (Law) --- Government liability. --- Loans, Foreign --- Law and legislation. --- AA / International- internationaal --- 341.8 --- 339.115 --- 336.300 --- U45 Droit financier / Généralités - Financieel recht / Algemeenheden --- Debts, External --- -Debt relief --- 343.037 --- Fb2.3 --- Debt relief --- Debt renegotiation --- Debt rescheduling --- Debt restructuring --- Relief, Debt --- Renegotiation, Debt --- Rescheduling, Debt --- Restructuring, Debt --- Debtor and creditor --- Debts, Foreign --- Debts, International --- External debts --- Foreign debts --- International debts --- Debt --- International finance --- Investments, Foreign --- Internationaal economisch recht. --- Buitenlandse schuld. Debt Equity Swap in LDC. --- Overheidskrediet en rijksschuld: naslagwerken en principes. --- Law and legislation --- Executions (Law). --- Government liability --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- Civil procedure --- Judgments --- Writs --- Overheidskrediet en rijksschuld: naslagwerken en principes --- Buitenlandse schuld. Debt Equity Swap in LDC --- Internationaal economisch recht
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