Mdbs Sanctions Regime And Issues

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MDBs' Sanctions Regime and Issues

Author : Bin Gu
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis MDBs' Sanctions Regime and Issues by : Bin Gu

Download or read book MDBs' Sanctions Regime and Issues written by Bin Gu and published by . This book was released on 2017 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the sphere of multilateral development banks' (MDB) dispute settlement, the sanctions regime is one stellar important development. It is essentially international legal efforts against business corruption involved in contracts in MDB-financed projects. The sanctions regime has contributed to both grand causes of poverty reduction and anti-corruption, which possess universal meaning. The Asian Infrastructure Investment Bank (AIIB), Benjamin of the MDB family, commits to build an ethical organization with zero tolerance for corruption. The AIIB policy on prohibited practices has been in place soon after the establishment of the institution late 2015. The AIIB sanctions regime generally meets international best practice, and in some respects, does a better job than peer institutions. Meanwhile, the AIIB sanctions regime is more of a general framework than a sophisticated legal corpus. It is subject to change, improvement and enrichment, as the AIIB unveils business, builds up experience, and collaborates closely with the World Bank and other MDBs. A multidirectional emulation during the process is advisable, and the value to be added by the AIIB to the business sanctions regime is very much expected and welcomed.

Sanctions Regimes of Multilateral Development Banks

Author : Jelena Madir
Publisher : BRILL
ISBN 13 : 9004414126
Total Pages : 280 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Sanctions Regimes of Multilateral Development Banks by : Jelena Madir

Download or read book Sanctions Regimes of Multilateral Development Banks written by Jelena Madir and published by BRILL. This book was released on 2020-11-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sanctions Regimes of Multilateral Development Banks: What Process is Due, Jelena Madir examines the type of due process rights and the level of transparency that should characterise sanctions regimes of multilateral development banks.

Fighting Fraud and Corruption at the World Bank

Author : Stefano Manacorda
Publisher : Springer
ISBN 13 : 3319738240
Total Pages : 194 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Fighting Fraud and Corruption at the World Bank by : Stefano Manacorda

Download or read book Fighting Fraud and Corruption at the World Bank written by Stefano Manacorda and published by Springer. This book was released on 2018-05-04 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the World Bank’s sanctions system, which is an innovative instrument of global governance implemented by the leading multilateral development bank in order to impose penalties on legal entities and individuals that are involved in Bank-financed projects. Although similar regimes have also been implemented by other regional multilateral development banks, the World Bank’s legal framework is currently the most comprehensive one. The book offers a rich and detailed analysis of the sanctions system, presenting an in-depth examination of all the phases of its procedure with a special focus on key aspects such as the criteria for assigning liability to legal entities and corporate groups, as well as the World Bank’s jurisdictional reach over non-contractors. The book also explores the compatibility between the legal framework implemented by the Bank and the rule of law, the role of precedents, and the level of due process. It highlights the fact that the sanctions system is currently characterized by a lack of legal guarantees, and that there are compelling reasons for supporting the argument that due process safeguards should be applied to it in their entirety. To that end, the book conducts a thorough analysis of specific procedural aspects such as the right to a hearing, the right to evidence disclosure, the time limit regime, the standard of proof and shift of the burden of proof, the evidential value of a party’s silence, and the consistency and predictability of the World Bank’s sentencing practice. The study is conducted on the basis of a detailed and painstaking examination of the most relevant decisions taken by the Sanctions Board, providing the first-ever commentary on the World Bank’s case law.

The Law and Governance of the Asian Infrastructure Investment Bank

Author : Gu Bin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506326
Total Pages : 244 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Law and Governance of the Asian Infrastructure Investment Bank by : Gu Bin

Download or read book The Law and Governance of the Asian Infrastructure Investment Bank written by Gu Bin and published by Kluwer Law International B.V.. This book was released on 2018-11-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Infrastructure Investment Bank (AIIB), which began operations in 2016 and now has an approved membership of eighty-four worldwide, has quickly become perhaps one of the world’s most promising agents of global economic development. With its firm commitments to the twenty-first century imperatives of cost-effectiveness, zero tolerance for corruption and active promotion of environmental sustainability, its clearly stated aims and requirements echo the goal of reform that other multilateral institutions are undertaking. This book is among the first to offer an incisive introduction to the AIIB’s law and governance, which are now essentially in place. From a perspective of Chinese multilateralism, which parts ways from the dominant twentieth-century Bretton Woods arrangements, the author provides in great depth the details of such elements of the Bank’s Articles of Agreement as the following: – non-resident board system; – procurement; – role of trust funds; – state-owned enterprises as private entities; – immunity; – dispute settlement; – accountability for involuntary resettlement and human rights violations; and – policy on prohibited practices. Throughout, the author provides deeply informed comparisons with such existing multilateral development banks as the World Bank, the African Development Bank, the Asian Development Bank, the European Bank for Reconstruction and Development and the Inter-American Development Bank, as well as with the World Trade Organization. He shows how the AIIB not only emulates but also innovates while continuing to collaborate closely with these institutions. He suggests what should be done to optimize governance, standards and operations of the AIIB together with these peer institutions in a mutually emulating manner. Lawyers and policymakers involved in international economic law and related fields will welcome this nuanced and in-depth description and analysis of the AIIB. Its concomitant analysis of political economy and global governance issues will be of interest to bankers, businesses, government officials and others looking for an overall understanding of multilateral development banking and China’s approach toward global governance in particular.

The World Bank Legal Review

Author : Hassane Cissé
Publisher : World Bank Publications
ISBN 13 : 0821388630
Total Pages : 429 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis The World Bank Legal Review by : Hassane Cissé

Download or read book The World Bank Legal Review written by Hassane Cissé and published by World Bank Publications. This book was released on 2011-11-04 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the legal challenges and opportunities for International Financial Institutions in the post-crisis world. It includes contributions from academics, practitioners and Bank staff. The contributions cover a broad array of issues, included governance reform and constitutional framework of IFIs, privileges and immunities, responsibility of international organizations, issues related to fragile and conflict-affected states, climate finance, and the recent financial crisis. The book is organized in three main areas, namely (i) Law of International Organizations: Issues Confronting IFIs; (ii) Legal Obligations and Institutions of Developing Countries: Rethinking Approaches of IFIs; and (iii) International Finance and the Challenges of Regulatory Governance.

The Transnationalization of Anti-Corruption Law

Author : Régis Bismuth
Publisher : Routledge
ISBN 13 : 1000389855
Total Pages : 399 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Transnationalization of Anti-Corruption Law by : Régis Bismuth

Download or read book The Transnationalization of Anti-Corruption Law written by Régis Bismuth and published by Routledge. This book was released on 2021-05-27 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last twenty years have witnessed an astonishing transformation: the fight against corruption has grown from a handful of local undertakings into a truly global effort. Law occupies a central role in that effort and this timely book assesses the challenges faced in using law as it too morphs from a handful of local rules into a global regime. The book presents the perspectives of a global array of scholars, of policy makers, and of practitioners. Topics range from critical theoretical understandings of the global regime as a whole, to regional and local experiences in implementing and influencing the regime, including specific legal techniques such as deferred prosecution agreements, addressing corruption issues in dispute resolution, whistleblower protection, civil and administrative prosecutions, as well as blocking statutes. The book also includes discussions of the future shape of the global regime, the emergence of transnational compliance standards, and discussions by leaders of international organizations that take a leading role in the transnationalization of anti-corruption law. The Transnationalization of Anti-Corruption Law deals with the most salient aspects of the global anti-corruption regime. It is written by people who contribute to the structure of the regime, who practice within the regime, and who study the regime. It is written for anyone interested in corruption or corruption control in general, anyone with a general interest in jurisprudence or in international law, and especially anyone who is interested in critical thinking and analysis of how law can control corruption in a global context.

China's International Investment Strategy

Author : Julien Chaisse
Publisher : Oxford University Press, USA
ISBN 13 : 0198827458
Total Pages : 561 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis China's International Investment Strategy by : Julien Chaisse

Download or read book China's International Investment Strategy written by Julien Chaisse and published by Oxford University Press, USA. This book was released on 2019-02-21 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

Public Procurement and Multilateral Development Banks

Author : Sope Williams-Elegbe
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912940
Total Pages : 343 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Public Procurement and Multilateral Development Banks by : Sope Williams-Elegbe

Download or read book Public Procurement and Multilateral Development Banks written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2017-03-23 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The multilateral development banks cumulatively channel billions of dollars annually in development assistance to borrower countries. This finance is usually spent through processes that incorporate the public procurement regulations of the banks and it is often a condition of this finance that the funds must be spent using the procurement regulations of the lender institution. This book examines the issues and challenges raised by procurement regulation in the multilateral development banks. The book examines the history of procurement regulation in the banks; the tripartite relationship created between the banks, borrowers and contractors in funded procurements; the procurement documents and procurement cycle; as well as how the banks ensure competition and value for money in funded procurements. The book also examines the banks' approach to sustainability concerns in public procurement such as environmental, social or industrial concerns; as well as how the banks address the issue of corruption and fraud in funded contracts. Another issue that is addressed by this book is how the banks have implemented the aid effectiveness agenda. It will be seen that the development banks have undertaken steps to harmonise their policies and practices, increased borrower procurement capacity, taken steps to reduce the tying of aid, and play an important role in the reform of borrower procurement systems, all in an effort to improve the effectiveness of development finance. The book also considers the contractual and other remedies that are available to parties that may be aggrieved as a result of a funded procurement. The book analyses, compares and contrasts the legal, practical and institutional approaches to procurement regulation in the World Bank, the Inter-American Development Bank, the African Development Bank, the Asian Development Bank and the European Bank for Reconstruction and Development.

The World Bank Group Sanctions Process and Its Recent Reforms

Author : Anne-Marie Leroy
Publisher : World Bank Publications
ISBN 13 : 0821389696
Total Pages : 53 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis The World Bank Group Sanctions Process and Its Recent Reforms by : Anne-Marie Leroy

Download or read book The World Bank Group Sanctions Process and Its Recent Reforms written by Anne-Marie Leroy and published by World Bank Publications. This book was released on 2012 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Bank is one of the world's premier international financial institutions. It provides low-interest loans, interest-free credits, and grants to developing countries for a wide array of purposes that include investments in education, health, public administration, infrastructure, financial and private sector development, agriculture, and environmental and natural resource management, with aggregate new lending commitments of approximately $60 billion and aggregate outstanding loans and credits of $230 billion in Fiscal Year 2010. With the financial support provided by the Bank, borrowers implement projects and programs, including the procurement of goods, works, and services necessary to carry out the project or program activities. The study begins by outlining the principal features of the Bank Group's sanctions process as it exists today (part two) and sketches some the key consideration underlying reform of the Bank's sanctions process (part three). It then describes how those considerations have influenced the historical evolution of the sanctions process (part four), with particular focus on the recent changes that the Bank has adopted to improve the efficiency, effectiveness, and procedural of that process (part five). Finally, it concludes by reflecting on some of the longer-term implications of the reform process to date (part six).

Coercive Cooperation

Author : Lisa L. Martin
Publisher : Princeton University Press
ISBN 13 : 0691227829
Total Pages : 320 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Coercive Cooperation by : Lisa L. Martin

Download or read book Coercive Cooperation written by Lisa L. Martin and published by Princeton University Press. This book was released on 2021-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative study shows that multilateral sanctions are coercive in their pressure on their target and in their origin: the sanctions themselves frequently result from coercive policies, with one state attempting to coerce others through persuasion, threats, and promises. To analyze this process, Lisa Martin uses a novel methodology combining game-theoretic models, statistical analysis, and case studies. She emphasizes that credible commitments gain international cooperation, and concludes that the involvement of international institutions and the willingness of the main "sender" to bear heavy costs are the central factors influencing the sanction's credibility.

Good Governance in Economic Development

Author : Sarah Biddulph
Publisher : UBC Press
ISBN 13 : 0774861959
Total Pages : 394 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Good Governance in Economic Development by : Sarah Biddulph

Download or read book Good Governance in Economic Development written by Sarah Biddulph and published by UBC Press. This book was released on 2019-10-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: With isolationism and protectionism strengthening in response to the forces of globalization, the interrelationship of the national and supranational in shaping good governance norms has become increasingly relevant. Good Governance in Economic Development critically examines the transparency and accountability mechanisms underpinning international trade, finance, and investment regimes, particularly in view of the intensifying influence of China. It also explores the Chinese state’s engagement with these norms, shedding light not only on how the principles of transparency, accountability, and public participation are applied within China, but also on the ability of China to affect international rules.

Nuclear India in the Twenty-First Century

Author : D. SarDesai
Publisher : Springer
ISBN 13 : 0230109233
Total Pages : 326 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Nuclear India in the Twenty-First Century by : D. SarDesai

Download or read book Nuclear India in the Twenty-First Century written by D. SarDesai and published by Springer. This book was released on 2002-05-02 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays, unlike other books on this subject, emphasizes strategic, technological, and economic factors. It includes contributions from a combination of academics and governmental experts from both the United States and India. Nuclear India in the Twenty-First Century provides an important picture of India's nuclear intentions and capabilities and should facilitate policies that the US may consider in response to regional and global proliferation.

Access to Justice and International Organisations

Author : Rishi Gulati
Publisher : Cambridge University Press
ISBN 13 : 1108837549
Total Pages : 255 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Access to Justice and International Organisations by : Rishi Gulati

Download or read book Access to Justice and International Organisations written by Rishi Gulati and published by Cambridge University Press. This book was released on 2022-03-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.

Corruption

Author : Marco Arnone
Publisher : Edward Elgar Publishing
ISBN 13 : 178100613X
Total Pages : 659 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Corruption by : Marco Arnone

Download or read book Corruption written by Marco Arnone and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments

Proving Bribery, Fraud and Money Laundering in International Arbitration

Author : Kathrin Betz
Publisher : Cambridge University Press
ISBN 13 : 1108285694
Total Pages : 363 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Proving Bribery, Fraud and Money Laundering in International Arbitration by : Kathrin Betz

Download or read book Proving Bribery, Fraud and Money Laundering in International Arbitration written by Kathrin Betz and published by Cambridge University Press. This book was released on 2017-08-31 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven. This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.

Corruption in the Global Era

Author : Lorenzo Pasculli
Publisher : Routledge
ISBN 13 : 0429589247
Total Pages : 318 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Corruption in the Global Era by : Lorenzo Pasculli

Download or read book Corruption in the Global Era written by Lorenzo Pasculli and published by Routledge. This book was released on 2019-04-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corruption is a globalising phenomenon. Not only is it rapidly expanding globally but, more significantly, its causes, its means and forms of perpetration and its effects are more and more rooted in the many developments of globalisation. The Panama Papers, the FIFA scandals and the Petrobras case in Brazil are just a few examples of the rapid and alarming globalisation of corrupt practices in recent years. The lack of empirical evidence on corrupt schemes and a still imperfect dialogue between different disciplinary areas and between academic and practitioners hinder our knowledge of corruption as a global phenomenon and slow down the adoption of appropriate policy responses. Corruption in the Global Era seeks to establish an interdisciplinary dialogue between theory and practice and between different disciplines and to provide a better understanding of the multifaceted aspects of corruption as a global phenomenon. This book gathers top experts across various fields of both the academic and the professional world – including criminology, economics, finance, journalism, law, legal ethics and philosophy of law – to analyze the causes and the forms of manifestation of corruption in the global context and in various sectors (sports, health care, finance, the press etc.) from the most disparate perspectives. The theoretical frameworks elaborated by academics are here complemented by precious insider accounts on corruption in different areas, such as banking and finance and the press. The expanding links between corrupt practices and other global crimes, such as money laundering, fraud and human trafficking, are also explored. This book is an important resource to researchers, academics and students in the fields of law, criminology, sociology, economics and ethics, as well as professionals, particularly solicitors, barristers, businessmen and public servants.

Good Governance and Modern International Financial Institutions

Author :
Publisher : BRILL
ISBN 13 : 9004408320
Total Pages : 278 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Good Governance and Modern International Financial Institutions by :

Download or read book Good Governance and Modern International Financial Institutions written by and published by BRILL. This book was released on 2019-07-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders. This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference. The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.