A/70/275
Economic, Social and Cultural Rights developed the concept of minimum essential
levels of each economic and social right, which every individual should enjoy.
These minimum core obligations suggest, in a universal fashion, some fundamental
implications for sovereign debt generally, and more specifically for debt restructurings .
58. These human rights law commitments serve to remind all parties that the
general principle of pacta sunt servanda applies to all international obligations,
including human rights obligations, not just debt contracts. This inherent respect for
all agreements often gets lost in the debates that emphasize the principle of pacta
sunt servanda solely for financial creditors. Since the principle may also work as an
argument in favour of human rights in sovereign debt, a comprehensive
interpretation of its contents and implications is of paramount importance.
59. Therefore, as States need to be able to comply with pacta sunt servanda with
regard to both debt and human rights obligations, all relevant rules of international
law applicable in relations between the parties should be taken into account when
interpreting international norms, as indicated by the Vienna Convention on the Law
of Treaties (article 31.3.(c)).
60. These reflections do not ignore the fact that expectations of repayment still
dominate, as demonstrated, for example, in the current debate on the debt crisis in
Greece. Yet, more and more attention is being paid to how sovereign debt is linked
to human rights. This is particularly true in the context of debt crises, where both
official and civil society initiatives at the national and international level try to
minimize the human suffering associated with these painful experiences. The debate
about how sovereignty, human rights and pacta sunt servanda interact with each
other might offer fruitful insights for the negotiations of a new legal framework
being carried out by the Ad Hoc Committee on Sovereign Debt Restructuring
Processes established by the General Assembly, complementing the six human
rights benchmarks submitted by the Independent Expert on 26 January 2015. 41
IV. Conclusions
61. The Independent Expert is of the opinion that a more nuanced view of the
pacta sunt servanda principle could be essential to the consideration of the links
between debt and human rights. In his view, an absolutist version of this
principle (i.e. denying the option to discuss possible exceptions to the
repayment obligation) should not be considered as part of either positive law or
of customary international law, and it deserves further discussion and detailed
attention. Debt contracts exist in a broader legal and economic universe, in
which the relationship between States, including in the financial sphere, and
their populations is marked by international human rights law. Lenders may
prefer not to acknowledge it, but they are not unaware of this link, hence their
increasing due diligence duties to prevent violations of economic, social and
cultural rights.
62. The increasing importance attached to sustainability as a principle in the
law of sovereign debt is consistent with a modern notion of pacta sunt servanda
__________________
41
15-12541
See “Towards a multilateral legal framework for debt restructuring: Six human rights
benchmarks States should consider” (http://www.ohchr.org/Documents/Issues/Development/
IEDebt/DebtRestructuring.pdf )
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