Restructuring of sovereign debt: UN Expert stresses GA principles are binding

16 September 2015 by Juan Pablo Bohoslavsky

NEW YORK (10 September 2015) – The Independent Expert on the effects of foreign debt and human rights, Juan Pablo Bohoslavsky, welcomed today the new resolution adopted by the United Nations General Assembly on the “Basic Principles on Sovereign Debt Restructuring Processes.”

“The new GA resolution is a positive step towards clarifying which existing rules and principles of international law apply to sovereign debt Sovereign debt Government debts or debts guaranteed by the government. issues,” said the Expert. “It will for example provide legal guidance on how to prevent and deal with vulture credits,” he added.

Sovereign debts should be geared towards implementing economic and social policies, with a view to achieving growth and development in the concerned countries. Unfortunately, as it is too often the case, sovereign debts can also throw millions of people into poverty, in particular when resulting in a debt crisis,” said the expert.
Over the past few years, the United Nations has increasingly stressed issues related to debt sustainability and development, and dedicated time and effort to design meaning solutions to address them.

Moreover, the issues of foreign debt, debt relief, debt restructuring and vulture funds Vulture funds
Vulture fund
Investment funds who buy, on the secondary markets and at a significant discount, bonds once emitted by countries that are having repayment difficulties, from investors who prefer to cut their losses and take what price they can get in order to unload the risk from their books. The Vulture Funds then pursue the issuing country for the full amount of the debt they have purchased, not hesitating to seek decisions before, usually, British or US courts where the law is favourable to creditors.
have for many years been subject of Human Rights Council resolutions. Back in 2012 and 2013, the Human Rights Council deplored “the absence of mechanisms to find appropriate solutions to the unsustainable foreign debt burden of low - and middle - income heavily indebted countries, and that, to date, little headway has been made in redressing the unfairness of the current system of debt resolution.”

“The set of principles on debt restructuring passed today by the UN General Assembly reflects customary law and general principles of international law to a large extent and, as such, are legally binding,” said Mr. Bohoslavsky.

As outlined by UNCTAD UNCTAD
United Nations Conference on Trade and Development
This was established in 1964, after pressure from the developing countries, to offset the GATT effects.

over the past few years, this GA resolution is not creating new rights or obligations, it simply identifies, in a clear and systematic manner, the existing and well-rooted-principles which apply to the field of sovereign debt
,” added the human rights expert.

“The principles passed by the GA are meant to be operational and to protect human rights during crisis times, and should therefore be interpreted in line with this objective,” he added.

The Independent Expert will present his annual report to the General Assembly on 26 October and will reflect on the need to ensure that human rights law as well as the principles of legitimacy and sustainability, two of the principles incorporated in the GA resolution, are respected when debts are being repaid.

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Juan Pablo Bohoslavsky

is the coordinator of the postgraduate program on “Public policies and human rights in Covid-19 times,” Universidad Nacional de Río Negro, Argentina. Previously, he was the United Nations Independent Expert on Foreign Debt and Human Rights (June 2014–May 2020).

Other articles in English by Juan Pablo Bohoslavsky (17)



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