How the IMF did it—sovereign debt restructuring between 1970 and 1989
Author(s) -
Jérôme Sgard
Publication year - 2016
Publication title -
capital markets law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.341
H-Index - 7
eISSN - 1750-7227
pISSN - 1750-7219
DOI - 10.1093/cmlj/kmv042
Subject(s) - restructuring , debt restructuring , debtor , debt , settlement (finance) , supreme court , creditor , jurisdiction , sovereignty , law and economics , political science , economics , law , business , sovereign debt , finance , politics , payment
Between 1982 and 1989, the International Monetary Fund (IMF) acted as a third-party in a total of 109 debt restructurings between 41 debtor states and their creditor banks. At the core of these restructurings was the old Stand-By Arrangement (SBA), ie the standard IMF instrument for conditional lending to member-countries. The SBA was thus transformed into a three-way, voluntary arrangement that de facto rested on a rule of mutual veto. This self-sustained, though largely ad hoc procedure depended on the systematic ignoring of all hard-law or contract-based rules that could have shaped the debt restructurings. This article analyses: (i) how this regime emerged through trial and error during the 1970s; and (ii) how it was implemented, accounted for and justified after the 1982 Mexican crisis
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