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Has the Legal Threat to Sovereign Debt Restructuring Become Real?

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  • Federico Sturzenegger and Jeromin Zettelmeyer
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    Abstract

    The existence of sovereign debt relies on the ability of creditors to impose costs on defaulting debtors. In their seminal contribution Eaton and Gersovitz (1981) began the modern literature on sovereign debt by assuming that creditors could not impose sanctions but could exclude debtor countries from international capital markets. This piece was followed by a large literature that attempted to weaken its assumptions. However, as a result of changes in the law as well as from the development of new legal strategies, during the last thirty years the possibilities for creditor actions against sovereigns have improved significantly. This survey reviews the evidence from recent litigation practice and discusses whether this requires a change in our understanding of sovereign debt markets. Our conclusion is that the original assumptions of Eaton and Gersovitz (1981) hold surprisingly well.

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    Paper provided by Universidad Torcuato Di Tella in its series Business School Working Papers with number legalthreat.

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    Length: 58 pages
    Date of creation: 2006
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    Handle: RePEc:udt:wpbsdt:legalthreat

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    1. Eaton, Jonathan & Gersovitz, Mark, 1981. "Debt with Potential Repudiation: Theoretical and Empirical Analysis," Review of Economic Studies, Wiley Blackwell, vol. 48(2), pages 289-309, April.
    2. Jonathan Eaton & Mark Gersovitz & Joseph E. Stiglitz, 1991. "The Pure Theory of Country Risk," NBER Chapters, in: International Volatility and Economic Growth: The First Ten Years of The International Seminar on Macroeconomics, pages 391-435 National Bureau of Economic Research, Inc.
    3. Martinez, Jose Vicente & Sandleris, Guido, 2011. "Is it punishment? Sovereign defaults and the decline in trade," Journal of International Money and Finance, Elsevier, vol. 30(6), pages 909-930, October.
    4. Peter H. Lindert & Peter J. Morton, 1989. "How Sovereign Debt Has Worked," NBER Chapters, in: Developing Country Debt and Economic Performance, Volume 1: The International Financial System, pages 39-106 National Bureau of Economic Research, Inc.
    5. Cole, Harold L. & Kehoe, Patrick J., 1995. "The role of institutions in reputation models of sovereign debt," Journal of Monetary Economics, Elsevier, vol. 35(1), pages 45-64, February.
    6. Sandleris, Guido, 2008. "Sovereign defaults: Information, investment and credit," Journal of International Economics, Elsevier, vol. 76(2), pages 267-275, December.
    7. Bolton, Patrick & Jeanne, Olivier, 2005. "Structuring and Restructuring Sovereign Debt: The Role of Seniority," CEPR Discussion Papers 4901, C.E.P.R. Discussion Papers.
    8. Jeromin Zettelmeyer & Federico Sturzenegger, 2005. "Haircuts: Estimating Investor Losses in Sovereign Debt Restructurings, 1998-2005," IMF Working Papers 05/137, International Monetary Fund.
    9. Eaton, J., 1990. "Sovereign Debt, Reputation, And Credit Terms," ISER Discussion Paper 0223, Institute of Social and Economic Research, Osaka University.
    10. Bulow, Jeremy & Rogoff, Kenneth, 1989. "Sovereign Debt: Is to Forgive to Forget?," American Economic Review, American Economic Association, vol. 79(1), pages 43-50, March.
    11. Marcos Chamon & Eduardo Borensztein & Olivier Jeanne & Paolo Mauro & Jeromin Zettelmeyer, 2005. "Sovereign Debt Structure for Crisis Prevention," IMF Occasional Papers 237, International Monetary Fund.
    12. Kenneth M. Kletzer & Brian D. Wright, 2000. "Sovereign Debt as Intertemporal Barter," American Economic Review, American Economic Association, vol. 90(3), pages 621-639, June.
    13. Manmohan Singh, 2003. "Recovery Rates from Distressed Debt - Empirical Evidence from Chapter 11 Filings, International Litigation, and Recent Sovereign Debt Restructurings," IMF Working Papers 03/161, International Monetary Fund.
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    Blog mentions

    As found by EconAcademics.org, the blog aggregator for Economics research:
    1. Prestarle al Rey
      by Juan C. Barboza in Colectivo Económico on 2011-09-30 12:00:00
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    Cited by:
    1. Juan Carlos Hatchondo & Leonardo Martinez & Horacio Sapriza, 2007. "The economics of sovereign defaults," Economic Quarterly, Federal Reserve Bank of Richmond, issue Spr, pages 163-187.
    2. Juan Carlos Hatchondo & Leonardo Martinez & Horacio Sapriza, 2008. "Heterogeneous borrowers in quantitative models of sovereign default," Working Paper 07-01, Federal Reserve Bank of Richmond.
    3. Dhillon Amrita, & García-Fronti Javier & Zhang Lei, 2009. "Sovereign Debt Default : The Impact of Creditor Composition," The Warwick Economics Research Paper Series (TWERPS) 901, University of Warwick, Department of Economics.

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