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2012

Banking and Finance Law

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Reforming Sovereign Lending: Modern Initiatives In Historical Context, W. Mark C. Weidemaier Dec 2011

Reforming Sovereign Lending: Modern Initiatives In Historical Context, W. Mark C. Weidemaier

W. Mark C. Weidemaier

In response to the Eurozone sovereign debt crisis, policymakers have initiated a range of reforms falling at both poles of the “hard”/“soft” law continuum. One of the most ambitious is the United Nations Conference on Trade and Development’s initiative to identify what it calls “Principles of Responsible Sovereign Lending and Borrowing.” The Principles aim to transform attitudes about sovereign lending in general, and sovereign loan contracts in particular, through consensus-building, promulgating model contract terms, and other soft law approaches. Principle 15, for example, envisions the use of collective action clauses (CACs) to ensure that debt restructurings occur “promptly, efficiently, and …