A/70/275
grounded on contemporary understandings of sovereignty, legitimacy and
human rights. Sustainable debt portfolios and debt restructuring agreements
should include growth and repayment capacity, but should also take into
account their impact on the implementation of economic, social and cultural
rights of the sovereign debtor’s population. An examination of this
fundamental claim should, in turn, shed some light on the principles of
legitimacy and pacta sunt servanda in the debt field.
63. A comprehensive understanding of the pacta sunt servanda principle
would not introduce legal uncertainty. Not only because there are wellestablished rules for interpreting conflicting international norms in the Vienna
Convention on the Law of Treaties, including a helpful guide elaborated by the
International Law Commission, 42 but also, above all, because denying or not
facing the existence of a normative conflict is, in fact, what provokes deep
uncertainty. If financial obligations and human rights are considered to be
mutually exclusive obligations, without the possibility of dialogue between
them, one prevailing over the other depending on political and economic
factors, without attaching any importance to what a systematically integrated
international law has to say in this regard, there will be continuing uncertainty.
64. This is also a crucial reason, in the view of the Independent Expert, for
establishing a multilateral legal framework on sovereign debt restructuring
processes that would authoritatively identify and interpret the rules. This
framework would also contribute to reducing legal uncertainties in this field.
65. In the present report, the Independent Expert aims to contribute to the
ongoing discussions by providing nuanced views on how the principles of
legitimacy, sustainability (both recently identified by the Ad Hoc Committee on
Sovereign Debt Restructuring Processes) and human rights law can influence
the contemporary understanding of the principle of pacta sunt servanda in the
context of debt crises.
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42
18/18
See A/CN.4/L.702.
15-12541