The World Bank Administrative Tribunal's External Sources of Law: A Retrospective of the Tribunal's First Quarter-Century (1981–2005)

2007 ◽  
Vol 6 (1) ◽  
pp. 1-87 ◽  
Author(s):  
Peter Hansen
Keyword(s):  
World Bank ◽  
Dispute Settlement ◽  
International Treaties ◽  
Quarter Century ◽  
Legal Principles ◽  
The World Bank ◽  
The World ◽  
Contract Of Employment ◽  
External Sources ◽  
National Governments

AbstractThe jurisprudence of the World Bank Administrative Tribunal has grown and evolved dramatically over its first quarter-century. Mr. Hansen's study comprehensively surveys the numerous doctrinal contributions provided by external sources during this time. Organized under rubrics suggested by Article 38 of the Statute of the International Court of Justice, which sets out that Court's sources of law, Mr. Hansen's study reviews: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; (ii) the development of binding custom from the practices of the Bank, other institutions and national governments; (iii) the Tribunal's use of general legal principles drawn from other legal systems; and (iv) the Tribunal's use of international and domestic tribunal precedents. Extensively footnoted, Mr. Hansen's study is intended for both academics and practitioners specializing in international administrative law and dispute settlement.

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part I)

2012 ◽  
Vol 11 (2) ◽  
pp. 199-251 ◽  
Author(s):  
Peter C. Hansen
Keyword(s):  
World Bank ◽  
Administrative Law ◽  
International Treaties ◽  
Quarter Century ◽  
Legal Principles ◽  
The World Bank ◽  
The World ◽  
Contract Of Employment ◽  
External Sources ◽  
National Governments

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part one of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the roles of the contract of employment, Bank rules, international treaties and national laws in the composition of the pactum established between a staff member and the Bank; and (ii) the development of binding custom from the practices of the Bank, other institutions and national governments. The third and fourth subjects, which deal with the Tribunal’s use of general legal principles and precedents drawn from international and domestic tribunals, shall be handled in the forthcoming second part of this study. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

The World Bank Administrative Tribunal’s External Sources of Law: The Next Chapter (2006–2010) (Part II)

2012 ◽  
Vol 11 (3) ◽  
pp. 449-497 ◽  
Author(s):  
Peter C. Hansen
Keyword(s):  
World Bank ◽  
Due Process ◽  
Case Law ◽  
Quarter Century ◽  
Legal Principles ◽  
National Courts ◽  
The World Bank ◽  
The World ◽  
External Sources

Abstract The World Bank Administrative Tribunal has begun its second quarter-century with a jurisprudential flowering of extraordinary proportions. Mr. Hansen’s study, which builds on his earlier 25-year retrospective, comprehensively surveys the Tribunal’s numerous doctrinal developments during this time. In this article, which is part two of two, Mr. Hansen revisits two of the four subjects explored in his retrospective: (i) the role of general legal principles as a source of Tribunal law, particularly with respect to the Tribunal’s recent and extensive due process jurisprudence; and (ii) the role of external case law as a source of Tribunal law, including decisions from international courts, international administrative tribunals, international arbitral tribunals and national courts. Extensively footnoted, Mr. Hansen’s study is intended for both academics and practitioners specializing in international administrative law and comparative international jurisprudence.

Holding Intergovernmental Institutions to Account

2003 ◽  
Vol 17 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Ngaire Woods
Keyword(s):  
World Bank ◽  
International Institutions ◽  
Political Accountability ◽  
The World Bank ◽  
The World ◽  
Internal Accountability ◽  
The Right ◽  
National Governments ◽  
Political Decisions

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing the role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy.

Market Making: Internationalisation and Global Water Markets

10.1068/a3426 ◽  
2002 ◽  
Vol 34 (5) ◽  
pp. 791-807 ◽  
Author(s):  
Graham Haughton
Keyword(s):  
Private Sector ◽  
World Bank ◽  
Management Systems ◽  
Community Based ◽  
Market Making ◽  
The World Bank ◽  
The World ◽  
National Governments ◽  
Private Sector Engagement

The author examines the rapidly expanding market for private sector management of water systems. He explores the ways in which markets are being constructed, focusing on the role of international bodies—especially multilateral bodies such as the World Bank—in promoting various forms of private sector engagement. Arguing that market making is not politically neutral, he examines how the World Bank sets out to influence national governments in how they run their water-management systems, in the process highlighting alternative visions for community-based systems.

Defining Accountability Up: the Global Economic Multilaterals

2004 ◽  
Vol 39 (2) ◽  
pp. 132-158 ◽  
Author(s):  
Miles Kahler
Keyword(s):  
World Trade Organization ◽  
World Bank ◽  
International Monetary Fund ◽  
World Trade ◽  
Democratic Accountability ◽  
The World Bank ◽  
The World ◽  
National Governments ◽  
The International Monetary Fund

AbstractCritics of the global economic multilaterals (GEMs) – the International Monetary Fund, the World Bank, and the World Trade Organization – allege that these organizations fail the test of democratic accountability. Two distinct measures of democratic accountability have been applied to the GEMs. To the degree that these organizations display ‘accountability deficits’, those deficiencies are the result of choices by the most influential national governments. Three techniques have been deployed to enhance the accountability of the GEMs: transparency (more information for those outside the institution), competition (imitation of democratic accountability) and changes in rules of representation (accountability to stakeholders rather than shareholders). Each of these may impose costs, however, and may conflict with other valued aims of the organizations.

scholarly journals Jurisdictional Determinants Of Investor-State Dispute Settlement: A Contemporary Critique

2020 ◽  
Vol V (IV) ◽  
pp. 47-57
Author(s):  
Ali Nawaz Khan ◽  
Naveed Ahmad ◽  
Bakht Munir
Keyword(s):  
World Bank ◽  
Dispute Settlement ◽  
World Bank Group ◽  
International Convention ◽  
The World Bank ◽  
The World ◽  
Bank Group

International Convention for the Settlement of Investment Disputes (ICSID) has incorporated a specialized jurisdiction under the auspicious of the World Bank Group. The convention has promulgated a standing offer for the investors of the contracting states to invoke ICSID jurisdiction on the fulfilment of some determinants. ICSID tribunals have amplified the application of these determinants to the extent to overshadow the legitimate rights of sovereign states. The magnification of standards of determinants of investor-state dispute settlement has caused unpredictability of ICSID jurisdiction. Uniform and predictable standards of determinant have the potential to strengthen and promote this mechanism of institutional settlement of investment disputes.

Gunboats and Diplomacy

2018 ◽  
Author(s):  
Taylor St John
Keyword(s):  
World Bank ◽  
Dispute Settlement ◽  
British Government ◽  
High Expectations ◽  
The World Bank ◽  
Un Security Council ◽  
The World ◽  
The Icj ◽  
History Of ◽  
Historical Memories

Chapter two outlines antecedents of the ICSID Convention. The antagonisms emerging from the long history of investment dispute settlement are briefly discussed, in particular historical memories about separate courts and separate law for foreigners. Early twentieth-century efforts to replace the use of force with arbitration and later work to reframe foreign investment as a tool for development instead of a tool of imperialism provided more hopeful antecedents. Decolonization brought with it high expectations, but also disillusionment: disputes like Abadan (in which the British government sent gunboats, then asked the UN Security Council, the ICJ, and the World Bank to act, before ultimately staging a coup) made capital-importing governments wary and led many officials to believe the world needed new machinery to resolve disputes between investors and states.

Indo-Japanese Economic Co-Operation: Problems and Prospects

1982 ◽  
Vol 38 (2) ◽  
pp. 161-176
Author(s):  
Rajaram Panda
Keyword(s):  
World Bank ◽  
Economic Interests ◽  
Quarter Century ◽  
The North ◽  
The World Bank ◽  
The World ◽  
Trading Partners ◽  
Total Investment ◽  
The International Monetary Fund ◽  
Great Scope

India and Japan are two economic partners in Asia. Both are important countries on the eastern and western flanks of Asia; while India is the second largest in the world in terms of population, Japan is one of the most economically advanced in the world. During the last quarter century or so, they have made sincere efforts at various levels to consolidate their complementary relationships. They have also endeavoured to diversify and intensify their economic interests by means of trade, industrial collaboration and investment. This bilateral partnership has developed rather slowly and there is obviously great scope for its further diversification and intensification. What is needed in this regard is an atmosphere of warmth, sincerity and reciprocity. Whilst Japan's imports from India declined from 8.55 per cent of its total imports in 1951 to 0.8 per cent in 1977, its exports to India also declined from 7.39 per cent of the total exports to 0.59 per cent during the same period.1 Similarly, Japanese investments in foreign collaboration in India amounted to only $ 32 million on 31 March 1979 or about 0.1 per cent of their total investment abroad of about $ 27 billion on that date. Japan's share in cases of foreign investment approved ( capital/technology) by India during the 1957–1979 period totalled 502 collaborations out of a total of 5706 or only 8.8 per cent. Nevertheless, Japan is more important for India than vice versa. It is one of India's important trading partners. In 1978–79, India's exports to Japan totalled $ 743 million or 10 per cent of the total exports. Similarly, imports from Japan amounted to $ 705 million or about 6.7 per cent of total imports.2 Indo-Japanese economic co-operation could develop further from its present level in areas of trade, investment, technology transfer, collaboration in third countries, and multilateral issues figuring on the agenda of the North-South dialogue, the United Nations and its agencies, the World Bank and the International Monetary Fund (IMF). The scope of this paper is confined to an examination of the problems and prospects of Indo-Japanese economic cooperation in the fields of trade, investment and collaboration in third countries.

scholarly journals Role of Actors and Factors for the Emergence of Contemporary Regime of Investor-State Dispute Settlement

2020 ◽  
Vol V (IV) ◽  
pp. 40-47
Author(s):  
Ali Nawaz Khan ◽  
Zaheer Iqbal Cheema ◽  
Jawwad Riaz
Keyword(s):  
Dispute Resolution ◽  
World Bank ◽  
Large Scale ◽  
Dispute Settlement ◽  
Fundamental Aspect ◽  
World Bank Group ◽  
The World Bank ◽  
The World ◽  
Bank Group ◽  
Dispute Resolution Mechanism

Dispute resolution mechanism happened to be the fundamental aspect of the protectionist discourse of foreign investment. The consistent efforts were rolled out on behalf of international economic organizations such as UNO, OECD and IBRD of World Bank Group for the establishment of an impartial forum for the settlement of investment disputes. The opposite approaches of capital-exporting developed economies and less developed recipients of foreign capital lead certain attempts to failure to build consensus for dispute resolution mechanism relating to foreign investments. The World Bank started its effort for a specialized forum for investor-state dispute settlements in 1961. This effort remained successful in building consensus for exclusive jurisdiction for investment disputes. The members of the World Bank Group adopted the international convention on the settlement of investment disputes between states and nationals of other states, 1965, i.e. ICSID Convention. The paper has concluded that the efforts of international organizations and the large-scale recognition of the ICSID mechanism have ensured the legitimacy of the system.

Origins of ISDS Treaties

2020 ◽  
pp. 14-33
Author(s):  
Gus Van Harten
Keyword(s):  
World Bank ◽  
International Organizations ◽  
Dispute Settlement ◽  
Chamber Of Commerce ◽  
The World Bank ◽  
The World

In this chapter, it is explained how investor–state dispute settlement (ISDS) treaties originate in the efforts of former colonial powers and international organizations, especially the World Bank, to constrain newly independent countries. The treaties grew slowly in the 1970s and 1980s and then very rapidly in the 1990s, setting the stage for today’s litigation boom. A new legal industry began to grow too, pursuing an opportunity, which arbitrators helped to create, to feed on the carcass of the pre-ISDS sovereign. In addition, institutions like the World Bank’s International Centre for Settlement of Investment Disputes, the Permanent Court of Arbitration, and the Stockholm Chamber of Commerce sought to attract the claims that brought business to the house.

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