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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.
Download or read book What Process is Due written by J. Madir and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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 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 251 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 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 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 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 595 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 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.
Book Synopsis Routledge Handbook of Public Procurement Corruption by : Sope Williams
Download or read book Routledge Handbook of Public Procurement Corruption written by Sope Williams and published by Taylor & Francis. This book was released on 2024-04-30 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Public Procurement Corruption showcases the most innovative and exciting research being conducted in this important area of study, providing a comprehensive go-to reference for all who are interested in the topic. During the COVID-19 pandemic, the global race for health and ancillary goods amid global supply chain disruptions demonstrated that, when tested, all countries are incredibly vulnerable to fraud and corruption in public procurement, irrespective of their level of development. Yet despite the widespread nature of the problem, there remains a lack of in-depth, analytical, and cross-country investigations into public procurement corruption. This book addresses this gap by providing a comprehensive, multidisciplinary, geographically balanced treatise on corruption in public procurement. It combines country-specific studies to allow readers to easily compare differing perspectives and approaches and overarching thematic chapters to reflect on new and cutting-edge issues in procurement and their implications for procurement corruption. Key sectors such as healthcare and infrastructure are considered, as well as the role of new technologies, in both combatting and enabling procurement corruption. This Handbook provides academics, practitioners, and graduate researchers of public administration, law, and anti-corruption with all of the tools they need to understand the nuances of public procurement corruption around the world.
Book Synopsis The World Bank Legal Review, Volume 5 by : Hassane Cisse
Download or read book The World Bank Legal Review, Volume 5 written by Hassane Cisse and published by World Bank Publications. This book was released on 2013-11-26 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.
