This paper argues that the Treaties of Rome and the process of European integration they heralded had a lasting impact on the development of international law. However, their significance is usually misattributed. While European law has had little impact on international legal doctrine, and...

This paper argues that sovereign debt restructurings as agreed between defaulting states and their multilateral, bilateral, or private creditors constitute exercises of international public authority. Their authoritative character results from their effects on the citizens of the defaulting...

The paper analyzes conflicts between investment law and other fields of financial regulation, namely sovereign debt, bank regulation, and monetary law. While international (and domestic) economic law had long been based on the theory of functional separation according to which each segment of...

This paper departs from the observation that many legal conflicts which emerged in the aftermath of the recent financial crisis are characterized by fault lines between the economic and the legal disciplines. These fault lines derive from two reasons which I describe as immanence and...

This special issue assembles eight articles on the relationship between democracy and the financial order from various legal perspectives. Each article engages with the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that...

This special issue is a cooperation of the Yale Journal of International Law and the United Nations Conference on Trade and Development (UNCTAD). It emerged from UNCTAD's work on sovereign debt workouts, specifically from its Working Group on a Sovereign Debt Workout Mechanism (2013 to 2015)....

This paper explores the potential of good faith, a well-established general principle of law, to guide debt resolution negotiations. After reviewing the criteria for the establishment of a general principle, the paper argues that debtor states and creditors are under a good faith duty to enter...

The paper sets out the legal foundations of an incremental approach to sovereign debt restructuring. As the political momentum that would be necessary to adopt an international treaty governing sovereign debt workouts is currently lacking, the incremental approach explores the possibility of...

Constitutional pluralism arises in situations where different legal orders claim the ultimate say. Some argue that where different legal orders claim supremacy, logic requires one of them to prevail and the others to succumb. This chapter argues that this is a fallacy. In the current postmodern...