scholarly journals A managerial approach for the coherent development of sustainable development law

2018 ◽  
Vol 17 (2) ◽  
pp. 83-99
Author(s):  
Stephanie De Moerloose ◽  
Makane Moïse Mbengue
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
World Bank ◽  
Integrated Development ◽  
Multilateral Development Banks ◽  
Law System ◽  
The World Bank ◽  
The World ◽  
Development Banks ◽  
European Investment

While judicial bodies have proliferated in the last fifty years in a process that has been deemed “quasi-anarchic” (Guillaume, G., 2000) creating a risk of inconsistency in their decisions which would endanger the international law system, quasi-judicial bodies such as Multilateral Development Banks' accountability mechanisms are not spared by this legal phenomenon. They have diverse proceedings and jurisdictions, operate with different sets of environmental and social safeguards, but may confront similar factual scenarios, especially in the case of co-financing. The recent Kenya Electricity Expansion Project presented before the World Bank and the European Investment Bank’s accountability mechanisms illustrates that, through a managerial approach, potentially conflicting findings can be avoided. This paper aims to show that quasi-judicial bodies can constitute a source of inspiration for the integrated development of international law.

2 Highlights

2018 ◽  
Author(s):  
Lichtenstein Natalie
Keyword(s):  
World Bank ◽  
The Other ◽  
Multilateral Development Banks ◽  
The World Bank ◽  
The World ◽  
Key Features ◽  
Similarities And Differences ◽  
Development Banks ◽  
Set Up

Chapter 2, Highlights, offers a survey of the key features of the AIIB Charter that define AIIB, in close comparison with the Charters of other multilateral development banks (AfDB, AsDB, EBRD, IADB and the World Bank). The highlights of the coming Chapters are summarized, offering answers to the basic questions about AIIB: Why establish AIIB? (Mandate, Chapter 3) What will AIIB do? (Investment Operations, Chapter 4) Who will join AIIB? (Membership, Chapter 5) How will AIIB be funded? (Capital and Finance, Chapter 6) How will AIIB be run? (Governance, Chapter 7) How was AIIB first set up? (Transitions, Chapter 8) How will the organization work? (Institutional Matters, Chapter 9). The Chapter concludes with some observations about heritage and innovation in the AIIB Charter, outlining principal similarities and differences with the other Charters.

Beyond Criminal Law

2017 ◽  
Author(s):  
Mark Pieth
Keyword(s):  
World Bank ◽  
Criminal Law ◽  
Preventive Measures ◽  
Multilateral Development Banks ◽  
The World Bank ◽  
The World ◽  
The Face ◽  
Development Banks ◽  
Administrative Sanctions ◽  
Regulatory Sanctions

This chapter discusses administrative sanctions and preventive measures that go beyond criminal law to fight corruption such as states and Multilateral Development Banks (MDBs). They have developed a set of regulatory sanctions more directly aiming at the prevention of abuses by companies and individuals and protecting the interests of their respective institutions. Domestic procurement rules as well as the regulations developed by MDBs foresee cancellation of loans in the face of concrete misbehavior. Domestic agencies would also be able to stay subsidies or export insurance. Furthermore, domestic agencies and MDBs have introduced detailed sanctions procedures allowing debarment of corporations and individuals from future participation in procurement or from eligibility for export insurance. The debarment procedures established by MDBs may be regarded as a worldwide example of such administrative sanctioning, and one of the largest is the World Bank.

The 2010 “agreement on mutual enforcement of debarment decisions” and its impact for the fight against fraud and corruption in public procurement

2014 ◽  
Vol 14 (1) ◽  
pp. 62-95 ◽  
Author(s):  
Lorenzo Nesti
Keyword(s):  
World Bank ◽  
Public Procurement ◽  
Multilateral Development Banks ◽  
The World Bank ◽  
The World ◽  
Potential Benefits ◽  
Development Banks

A remarkable example of coordination between IGOs to deal with corruption and fraud in public procurement is the “Agreement for the Mutual Enforcement of Debarment Decisions” signed by the World Bank and the main regional Multilateral Development Banks (MDBs) in 2010. This article will try to examine the characteristics of the MDBsʼ cross debarment agreement and its significance for the MDBs that adhered to it in terms of the process of harmonization that resulted from it. Secondly, the article discusses the potential benefits and challenges connected to the extension of this agreement to other MDBs or to other initiatives that have been initiated in parallel to, or in imitation of, the MDBsʼ cross debarment agreement.

Holding Multilateral Development Banks to Account: Gateways and Barriers

2008 ◽  
Vol 10 (2) ◽  
pp. 199-226 ◽  
Author(s):  
Suresh Nanwani
Keyword(s):  
International Development ◽  
World Bank ◽  
Asian Development Bank ◽  
Development Bank ◽  
International Organisations ◽  
Multilateral Development Banks ◽  
International Bank ◽  
The World Bank ◽  
The World ◽  
Development Banks

AbstractThis article offers an examination of the development and operation of accountability mechanisms in multilateral development banks. These mechanisms are gateways for citizens, as non-state actors, to file their grievances in projects that adversely affect them against these international organisations at the international level. The study focuses on the accountability mechanisms established at the World Bank (International Bank for Reconstruction and Development and International Development Association) and the Asian Development Bank, and other initiatives and avenues provided by these institutions addressing accountability issues. The article offers an analysis of barriers encountered by claimants in accessing these mechanisms based on insights generated by way of claims filed and participation in accountability procedures. It suggests ways in which civil society's demands for accountability in multilateral development banks and other financial institutions can move forward.

scholarly journals Evolution of the Governing Law for Loan Agreements of the World Bank and Other Multilateral Development Banks

1996 ◽  
Vol 90 (2) ◽  
pp. 214-234 ◽  
Author(s):  
John W. Head
Keyword(s):  
Public Sector ◽  
World Bank ◽  
Multilateral Development Banks ◽  
European Bank ◽  
The World Bank ◽  
The World ◽  
Recent Developments ◽  
Development Banks ◽  
Governing Law

What is the governing law for loan agreements entered into by the World Bank and other multilateral development banks (MDBs) in carrying out their public sector lending? That question was first definitively addressed about thirty-five years ago. This article examines the question anew, against the backdrop of recent developments in practice, especially at the newest of the MDBs, the European Bank for Reconstruction and Development (EBRD).

scholarly journals Adrian Robert Bazbauers and Susan Engel: The Global Architecture of Multilateral Development Banks: A System of Debt or Development?

2021 ◽  
Vol 56 (4) ◽  
pp. 169-176
Author(s):  
Mirek Tobiáš Hošman
Keyword(s):  
World Bank ◽  
International Political Economy ◽  
Multilateral Development Banks ◽  
Financial Cooperation ◽  
Multilateral Cooperation ◽  
The World Bank ◽  
The Us ◽  
The World ◽  
Global North ◽  
Development Banks

This book explores the evolution of the 30 functioning multilateral development banks (MDBs). MDBs have their roots in the growing system of international finance and multilateral cooperation, with the first recognisable MDB being proposed by Latin America in financial cooperation with the US in the late 1930s. That Inter-American Bank did not eventuate but was a precursor to the World Bank being negotiated at Bretton Woods in 1944. Since then, a complex network of regional, sub-regional, and specialised development banks has progressively emerged across the globe, including two significant recent entrants established by China and the BRICS. MDBs arrange loans, credits, and guarantees for investment in member states, generally with the stated aim of fostering economic growth. They operate in both the Global North and South, though there are more MDBs focusing on emerging and developing states. While the World Bank and some of the larger regional banks have been scrutinised, little attention has been paid to the smaller banks or the overall system. This book provides the first study of all 30 MDBs and it evaluates their interrelationships. It analyses the emergence of the MDBs in relation to geopolitics, development paradigms and debt. It includes sections on each of the banks as well as on how MDBs have approached the key sectors of infrastructure, human development, and climate. This book will be of particular interest to researchers of development finance, global governance, and international political economy.

scholarly journals MULTILATERALISM AND THE UN IN SOUTH AFRICA'S FOREIGN POLICY

2016 ◽  
Vol 4 (8) ◽  
Author(s):  
Chris Landsberg
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Human Rights ◽  
United Nations ◽  
International Law ◽  
World Bank ◽  
Trading System ◽  
The World Bank ◽  
Multilateral Institutions ◽  
The World

Post-apartheid South Africa pursued a pro-multilateral stance in world – regarding multilateral institutions as crucial instruments for reinforcing its new-found image as a champion for southern African and African causes. Challenging the hegemony and dominance of western powers in particular, powerful countries in general, was at the heart of South Africa’s multilateral strategies. Central to all multilateral engagements was respect for international law and the centrality of the United Nations (UN), stressing the promotion of human rights, debt relief, peace and stability, an equitable global trading system and sustainable development. Also of priority was reform of the UN and institutions of global governance, including the World Bank and International Monetary Fund.

Recognized and Violated by International Law: The Human Rights of the Global Poor

2005 ◽  
Vol 18 (4) ◽  
pp. 717-745 ◽  
Author(s):  
THOMAS POGGE
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
World Bank ◽  
International Organizations ◽  
Human Beings ◽  
Customary International Law ◽  
The World Bank ◽  
Institutional Structures ◽  
The World

Various human rights are widely recognized in codified and customary international law. These human rights promise all human beings protection against specific severe harms that might be inflicted on them domestically or by foreigners. Yet international law also establishes and maintains institutional structures that greatly contribute to violations of these human rights: fundamental components of international law systematically obstruct the aspirations of poor populations for democratic self-government, civil rights, and minimal economic sufficiency. And central international organizations, such as the WTO, the IMF, and the World Bank, are designed so that they systematically contribute to the persistence of severe poverty.

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