Limits of Sovereign Debt Restructuring Mechanisms and Possible Alternatives

With the debt crisis that has been impacting many countries in the Global South since 2015, its spectacular acceleration following the collateral effects of the COVID-19 pandemic, and the ever-increasing weight of “new” creditors (China, Gulf countries, and private creditors), the old debate for the creation of an international sovereign debt restructuring mechanism under the aegis of the United Nations has resurfaced. Although such a mechanism could constitute a real advance compared to the current situation, it remains very hypothetical, both because of its limits and because of the complexity of the process to be undertaken in view of the adoption of an international treaty endorsing its creation. Above all, it ignores the sovereignty of states and the right to self-determination of peoples. Other solutions exist, which are less complicated, less expensive, and not at all less legitimate, among which the establishment of a moratorium with interest freeze and the creation of an audit committee with citizen participation aiming at canceling or repudiating the illegitimate debts with regard to international law and national legal provisions.