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Sanctions Regimes Of Multilateral Development Banks
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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.
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 172 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.
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 . This book was released on 2020 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Origins and Description of Multilateral Development Banks' Sanctions Regimes -- Judicial Review Standards -- Accountability of International Organisations -- What Legal Principles Should Form the basis of MDBs' Sanctions Regimes? -- Due Process Standards in Multilateral Development Banks' Sanctions Regimes -- Treatment of Corporate Groups under Multilateral Development Banks' Sanctions Regimes -- Conclusion and Way Forward
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).
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 344 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.
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.
Book Synopsis Targeted Sanctions by : Thomas J. Biersteker
Download or read book Targeted Sanctions written by Thomas J. Biersteker and published by Cambridge University Press. This book was released on 2016-03-17 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
Book Synopsis Corruption and Targeted Sanctions by : Anton Moiseienko
Download or read book Corruption and Targeted Sanctions written by Anton Moiseienko and published by BRILL. This book was released on 2019-02-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Corruption and Targeted Sanctions, Anton Moiseienko analyses the blacklisting of foreigners suspected of corruption and the prohibition of their entry into the sanctioning state from an international law perspective. The implications of such actions have gained prominence with the increased adoption of the so-called Magnitsky legislation internationally.
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.
Book Synopsis Corruption, Asset Recovery, and the Protection of Property in Public International Law by : Radha Ivory
Download or read book Corruption, Asset Recovery, and the Protection of Property in Public International Law written by Radha Ivory and published by Cambridge University Press. This book was released on 2014-08-21 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recovering assets that are or that represent the proceeds, objects, or instrumentalities of grand corruption, do states violate the human rights of politically exposed persons, their relatives, or their associates? Radha Ivory asks whether cooperative efforts to confiscate illicit wealth are compatible with rights to property in public international law. She explores the tensions between the goals of controlling high-level, high-value corruption and ensuring equal enjoyment of civil and political rights. Through the jurisprudence of regional human rights tribunals and the literature on confiscation and international cooperation, Ivory shows how asset recovery is a human rights issue and how principles of legality and proportionality have mediated competing interests in analogous matters. In cases of asset recovery, she predicts that property rights will likewise enable questions of individual entitlement to be considered in the context of collective concerns with good governance, global economic inequality, and the suppression of transnational crime.
Book Synopsis New Zealand Yearbook of International Law by :
Download or read book New Zealand Yearbook of International Law written by and published by BRILL. This book was released on 2020-05-18 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2018 to 31 December 2018.
Book Synopsis Corruption and Conflicts of Interest by : Jean-Bernard Auby
Download or read book Corruption and Conflicts of Interest written by Jean-Bernard Auby and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative an
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.
Book Synopsis The World Bank Legal Review Volume 6 Improving Delivery in Development by : Jan Wouters
Download or read book The World Bank Legal Review Volume 6 Improving Delivery in Development written by Jan Wouters and published by World Bank Publications. This book was released on 2015-03-13 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Voice, social contract, and accountability are discussed from the point of view of the function of law, justice, judicial systems and related areas from human rights to government policy, urban development, resource management, gender, social rights, economic reforms, governance, sustainable development and anti-corruption.
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 Taylor & Francis. This book was released on 2021-05-27 with total page 585 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.
Book Synopsis Left Out of the Bargain by : Jacinta Anyango Oduor
Download or read book Left Out of the Bargain written by Jacinta Anyango Oduor and published by World Bank Publications. This book was released on 2013-12-11 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, countries have increasingly used settlements that is, any procedure short of a full trial to conclude foreign bribery cases and have imposed billions in monetary sanctions. There exists a gap in knowledge, however, regarding settlement practices around the world and the disposition of these monetary sanctions notably through the lens of recovery of stolen assets. Left out of the Bargain, a study by the Stolen Asset Recovery Initiative (StAR), provides an overview of settlement practices by civil and common law countries that have been active in the fight against foreign bribery. Using the United Nations Convention against Corruption (UNCAC) as its point of reference, the study addresses concerns voiced by the international community: What happens to the money associated with the settlements, and is it being returned to those most directly harmed by the corrupt practices? And what can be done to assist those countries harmed by foreign bribery? Left out of the Bargain has found that 395 settlement cases took place between 1999 and mid-2012, resulting in a total of US$6.9 billion in monetary sanctions imposed against companies and individuals. Of this amount, nearly US$6 billion came from settlements that took place in a country different from that of the allegedly bribed foreign public officials. But only about US$197 million, or 3 percent, has been returned or ordered returned to the countries whose officials were accused of accepting bribes. Left out of the Bargain urges countries whose officials were allegedly bribed to intensify their efforts to investigate and prosecute the providers and recipients of foreign bribes, hence improving these countries' prospects for recovery of assets lost through corruption. The study also calls for more proactive international cooperation and coordination to ensure that all affected countries are afforded the opportunity to seek redress for harms suffered and for the recovery of assets thus fulfilling the principles set out in UNCAC.
Book Synopsis International Economic Organizations and Law by : Asif H. Qureshi
Download or read book International Economic Organizations and Law written by Asif H. Qureshi and published by Kluwer Law International B.V.. This book was released on 2012-04-10 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be little doubt that a group of prominent and influential organizations lie at the heart of international economic law (IEL). These include the Bretton Woods institutions, regional development banks and economic organizations, and various specialized global institutions primarily active in norm generation. This volume possesses the unique distinction of presenting the perspectives – both institutional and personal – of legal counsels in some key international economic organizations regarding their work and the role of law within the framework of their organizations, with particular attention to the conditions within which they can optimally contribute to the development of IEL. This last consideration is emphasized in three ‘external’ academic perspectives that focus mainly on what the role of counsels in international economic organizations ought to be. Each first-hand perspective focuses on counsel’s involvement in such aspects of IEL as the following: providing internal advice on the law of the organization; assisting members with respect to domestic institutions and law in the economic sphere; to what extent (if any) legal counsels are normally involved in policy making for issues that are not strictly of a legal nature; intellectual contributions both to the development of international law and the dissemination and exchange of legal knowledge among various stakeholders; ethical challenges and response to possible conflicts of interests; generation of soft law economic instruments; legal issues on replenishment of resources for development funding; setting of internationally recognized standards or best practices for commercial and financial legislation; informal networks of lawyers and lawyer functions which cut across institutional and territorial boundaries; and negotiation and management of free trade agreements from a legal perspective.
