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Analysis Of Legal Issues In The Sovereign Debt Crisis

Posted on:2018-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y M ZhuFull Text:PDF
GTID:2356330515477078Subject:Law
Abstract/Summary:PDF Full Text Request
Sovereign debt is not only an economic issue,but also involves the legal aspects of debt settlement,as a reality involving all aspects of complex disputes,sovereign debt crisis has led to a number of legal problems,but also the financial Policy,legal regulation and the design of international dispute settlement mechanisms.The purpose of this paper is to clarify the legal characteristics of sovereign debt,and to learn from the existing measures to actively seek a more comprehensive response to sovereign debt measures.First of all,this paper from the emergence and development of sovereign debt crisis background and characteristics of two aspects of sovereign debt complexity,concluding the sovereign debt itself because of the complexity of the shock caused by the state's exemption privileges,sovereign debt default lawsuit plight,legal application gaps,regulatory problems and other legal issues.Secondly,this article describes the international response to the sovereign debt crisis of debt and debt disputes arising from the use of measures,and the pros and cons of the two aspects of evaluation,reflection,draw lessons from the advantages.This paper expounds the sovereign debt restructuring mechanism designed by the International Monetary Fund,the collective action clauses of the sovereign debt restructuring,and analyzes its main contents and characteristics.Then through the analysis of the arbitration cases filed by the Italian bondholders to Argentina.To resolve the International Center for Investment Disputes dispute settlement in the settlement of sovereign debt disputes play a role in the feasibility and prospects.At last,the author puts forward some suggestions on how to improve the mainstream of the sovereign debt crisis,including the flexible use of the interaction between sovereign debt and BIT investment agreement,and the improvement of the legislation related to the sovereign debt litigation in the light of the characteristics and advantages and disadvantages of the international measures.
Keywords/Search Tags:Debt restructuring, Sovereign debt litigation, ICSID arbitration, Credit rating regulation
PDF Full Text Request
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