Columbia International Affairs Online: Working Papers

CIAO DATE: 06/2009

Why the Code of Conduct for Resolving Sovereign Debt Crises Falls Short

Barry Herman

March 2008

The New School Graduate Program in International Affairs

Abstract

The Institute of International Finance, a bankers group, has promoted its “Principles for Stable Capital Flows and Fair Debt Restructuring” as a code of conduct for debtor governments and their private creditors to avoid and if necessary resolve sovereign defaults. Although drafted with Brazil, Korea, Mexico and Turkey, I argue this purely voluntary code is excessively creditor friendly. Instead, a more balanced code should be developed in a broad, open and politically legitimate forum, and be coupled with an international disciplining mechanism that pushes creditors and debtor to a negotiated outcome under the code. A suggested approach concludes the paper.