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The regulation of sovereign financing is a highly topical and
significant issue, in the light of continuing global financial
turmoil. This book assesses the role of international law in
sovereign financing, addressing this issue from both legal and
economic standpoints. It takes as a starting point the recent
report 'Principles on Responsible Sovereign Lending and Borrowing'
by the United Nations Conference on Trade and Development (UNCTAD).
This report was endorsed by the United Nations General Assembly in
its December 2011 Resolution on Debt, which emphasized the need for
creditors and debtors to share responsibility for preventing
unsustainable debt situations and encouraged all stakeholders to
pursue the ongoing discussions within the framework of the UNCTAD
Initiative. Investigating the legal and economic basis for the
principles which were articulated in the report, the book develops
a detailed and nuanced analysis of the controversial and complex
issues they raise, including those concerning finance and credit
rating agencies, contingent liabilities, debt management,
corruption, fiduciary relations and duties, Collective Action
Clauses, and the role of the EU and UN. Ultimately, it argues that
the principles elaborated in the report correspond with general
principles of international law, which provide a strong,
pre-existing foundation upon which to build responsible principles
for sovereign financing.
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