A Model-law Approach to Restructuring Unsustainable Sovereign Debt

Policy Brief No. 64

August 21, 2015

Unresolved sovereign debt problems are hurting debtor nations, their citizens and their creditors, and can pose serious systemic threats to the international financial system. The existing contractual restructuring approach — using collective action clauses to solve the holdout problem — is insufficient to make sovereign debt sustainable. A model-law approach, in which a proposed Sovereign Debt Restructuring Model Law would be enacted in New York or English law (or both), would lead to a systematic legal resolution framework for countries in severe debt crises.

About the Author

Steven L. Schwarcz is a CIGI senior fellow and the Stanley A. Star Distinguished Professor of Law and Business at Duke University. Steven is an expert on systemic risk and financial regulation, corporate governance of systemically important firms, cross-border resolution measures and sovereign debt restructuring.