Comments

The article is forthcoming in the International Lawyer. This paper may also be referenced as [2009] UNSWLRS 20.

Abstract

A bankruptcy regime is a central part of each national financial system. Yet no regime exists for insolvent sovereigns. As a result too much capital flows into poor countries in good times and is often repaid at the expense of the basic human rights of the poor in these countries in bad times. This paper examines the case for a sovereign insolvency regime, and considers Chapter 9 of the US Bankruptcy Code as a model for such a regime.

Disciplines

Bankruptcy Law

Date of this Version

June 2009



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