A/HRC/33/54
regarding these claims and agreed in an out-of-court settlement to pay $6.5 billion dollars to
the “holdouts”.27
24.
The settlement represents a further setback in the process aimed at setting up an
international sovereign debt restructuring mechanism based on the equal treatment of
creditors, and human rights experts have expressed profound regret. Paying vulture funds
much more than what was paid to cooperative creditors in previous debt restructuring is a
disturbing outcome. Rewarding those who refuse to participate in debt restructuring efforts
sends the wrong message.28
25.
Doubts arise as to whether this settlement will be advantageous from a human rights
perspective. Indeed, putting an end to more than a decade of judicial disputes may, in the
short term, reinforce the country’s credibility and allow it to borrow on the international
financial markets. But in order to pay the “holdouts”, the Government has been forced to
increase its debt burden, a fact that, in the long run, may hinder the State in complying with
its obligations in the area of economic and social rights, thereby also exacerbating
inequality and financial instability.
26.
In any event, this long judicial dispute highlights the pressing need to regulate
speculative investment practices in order to bring them into line with human rights
approaches and requirements. Furthermore, it has prompted a process aimed at establishing
a multilateral mechanism with a mandate to resolve sovereign debt litigation in an
independent and impartial manner.
27.
Although the legal consequences of this case should not be underestimated, its final
outcome must be read in the light of the particular circumstances that surrounded the
dispute and the evident political implications involved therein. There is no doubt, however,
that the doctrine endorsed by the United States courts provides vulture funds with increased
credibility that will certainly incentivize them to pursue these strategies further in the
future.29
IV. Disruptive litigation: a growing trend
28.
The case of Argentina is not an exception, but forms part of a more general trend.
Increasingly, non-cooperative creditors are reaping extraordinary profits owing to
settlements reached or judgments obtained after disruptive litigation. Not only do investors’
expectations of obtaining high returns by suing countries asphyxiated by onerous financial
terms benefit from the lack of a global mechanism on debt restructuring, but they may also
be at the origin of this state of affairs.
27
28
29
Raising the funds required the biggest bond sale by a developing country, worth $16.5 billion dollars
with an interest rate between 6.5 and 8 per cent. “Sovereign debt: curing defaults”, Financial Times,
7 June 2016. See also Official Records of the General Assembly, 107th plenary meeting, 9 September
2014 (A/68/PV.107), p. 6.
OHCHR, information note, “Hold-out deal in Argentina makes solving debt crises more difficult,
United Nations rights experts say”, 8 March 2016.
Debt and Development Coalition Ireland, “Stop debt vultures: implications of the vulture attack on
Argentina”, 1 September 2014.
9
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