The World Bank Legal Review

Hassane Cissé, Daniel D. Bradlow And Benedict Kingsbury

Description

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.

Sujets

• Law and development

Informations

• Publié par: world-bank-publications
• Publié le: 04 novembre 2011
• Nombre de lectures: 50
• EAN13: 9780821388648
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

The World Bank
Legal Review
Volume 3
Edited by
Hassane Cissé
Daniel D. Bradlow
Benedict Kingsbury
International
Financial
Institutions
and
Global Legal
GovernanceThe World Bank
Legal Review
Volume 3The World Bank Legal Review
Volume 3
International Financial Institutions
and Global Legal Governance
The World Bank Legal Review is a publication for policy makers and their advis-
ers, judges, attorneys, and other professionals engaged in the fi eld of interna-
tional development with a particular focus on law, justice, and development.
It offers a combination of legal scholarship, lessons from experience, legal de-
velopments, and recent research on the many ways in which the application
of the law and the improvement of justice systems promote poverty reduction,
economic development, and the rule of law.
The World Bank Legal Review is part of the World Bank Law, Justice, and De-
velopment Series managed by the Research and Editorial Board of the World
Bank’s Legal Vice Presidency, composed of Hassane Cissé, Editor in Chief;
Kenneth Mwenda and Alberto Ninio, Co-chairs; Christina Biebesheimer,
Charles di Leva, Laurence Folliot Laulliot, Vikram Raghavan, Vijay Tata, and
Kishor Uprety, Members.
The present volume of The World Bank Legal Review benefi ted from inputs
from members of the World Bank’s Legal Vice Presidency and other units of
the World Bank Group, including Alexis Albion, Luiz Henrique Alcoforado,
Evarist Baimu, Christina Biebesheimer, Anna Chytla, Adrian di Giovanni,
Frank Fariello, Rowena Gorospe, Zoe Kolovou, Siobhan McInerney-Lankford,
Patricia Miranda, Marco Nicoli, Alberto Ninio, Aristeidis Panou, Maurizio
Ragazzi, Vikram Raghavan, Elena Segura, Barry Walsh, and Yesha Yadav. The
preparation of this volume was made possible with the invaluable help of
Paola Scalabrin and Nigel Quinney.The World Bank
Legal Review
Volume 3
International Financial Institutions
and Global Legal Governance
Hassane Cissé
Daniel D. Bradlow
Benedict Kingsbury
Editors© 2012 International Bank for Reconstruction and Development / International
Development Association or
The World Bank
1818 H Street NW
Washington, DC 20433
Telephone: [phone]
Internet: www.worldbank.org
1 2 3 4 15 14 13 12 11
This work is a product of the staff of The World Bank with external
contributions. The fi ndings, interpretations, and conclusions expressed in
this work do not necessarily refl ect the views of The World Bank, its Board
of Executive Directors or the governments they represent.

The World Bank does not guarantee the accuracy of the data included in this
work. The boundaries, colors, denominations, and other information shown on
any map in this work do not imply any judgement on the part of The World
Bank concerning the legal status of any territory or the endorsement or
acceptance of such boundaries.
Rights and Permissions
The material in this work is subject to copyright. Because The World Bank
encourages dissemination of its knowledge, this work may be reproduced, in
whole or in part, for noncommercial purposes as long as full attribution to
this work is given.
For permission to reproduce any part of this work for commercial purposes,
please send a request with complete information to the Copyright Clearance
Center Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone:
978-750-8400; fax: [phone]; Internet: www.copyright.com.
All other queries on rights and licenses, including subsidiary rights,
should be addressed to the Offi ce of the Publisher, The World Bank, 1818 H
Street NW, Washington, DC 20433, USA; fax: [phone]; e-mail:
[e-mail].
ISBN: 978-0-8213-8863-1
e-ISBN: 978-0-8213-8864-8
DOI: 10.1596/978-0-8213-8863-1
Library of Congress Cataloging-in-Publication data has been requested.The World Bank
Legal Review
Volume 3
International Financial Institutions
and Global Legal Governance
EDITORS
Hassane Cissé
Deputy General Counsel, Knowledge and Research, World Bank
Daniel D. Bradlow
SARCHI Professor of International Development Law and African Economic
Relations, University of Pretoria, and Professor of Law, American University
Washington College of Law
Benedict Kingsbury
Murry and Ida Becker Professor of Law and Director of the Institute
for International Law and Justice at New York University School of Law;
Visiting Professor of Law, University of Utah
PRODUCTION EDITOR
Aristeidis Panou
Legal Associate, World BankContents
Foreword ix
Robert B. Zoellick, World Bank Group President
Preface xi
Anne-Marie Leroy, Senior Vice President and Group General Counsel
Contributors xii
Introduction: Global Administrative Law in the
Institutional Practice of Global Regulatory Governance 3
Benedict Kingsbury
PART I
LAW OF INTERNATIONAL ORGANIZATIONS: ISSUES CONFRONTING IFIS
The Reform of the Governance of the IFIs: A Critical Assessment 37
Daniel D. Bradlow
Should the Political Prohibition in Charters of International
Financial Institutions Be Revisited? The Case of the World Bank 59
Hassane Cissé
International Financial Institutions and Claims of Private Parties:
Immunity Obliges 93
Rutsel Silvestre J. Martha
Squaring the Concept of Immunity with the Fundamental Right
to a Fair Trial: The Case of the OAS 133
William M. Berenson
Responsibility of International Organizations and the World Bank
Inspection Panel: Parallel Tracks Unlikely to Converge? 147
Evarist Baimu and Aristeidis Panou
Partnerships, Emulation, and Coordination: Toward the Emergence
of a Droit Commun in the Field of Development Finance 173
Laurence Boisson de Chazournes
Coordinating the Fight against Fraud and Corruption: Agreement
on Cross-Debarment among Multilateral Development Banks 189
Stephen S. Zimmermann and Frank A. Fariello, Jr.viii The World Bank Legal Review
PART II
LEGAL OBLIGATIONS AND INSTITUTIONS OF DEVELOPING COUNTRIES:
RETHINKING APPROACHES OF IFIS
The Rule of Law and Development: In Search of the Holy Grail 207
Michael Trebilcock
Rethinking Justice Reform in Fragile and Confl ict-Affected States:
The Capacity of Development Agencies and Lessons from Liberia
and Afghanistan 241
Deval Desai, Deborah Isser, and Michael Woolcock
International Norms and Standards Applicable to Situations
of State Fragility and Failure: An Overview 263
Chiara Giorgetti
Legal Obligations and Institutions of Developing Countries:
Rethinking Approaches to Forest Governance 293
Annie Petsonk
PART III
INTERNATIONAL FINANCE AND THE CHALLENGES OF
REGULATORY GOVERNANCE
Networks In(-)Action? The Transgovernmental Origins of,
and Responses to, the Financial Crisis 323
Chris Brummer
Mitigating the Impact of Financial Crises on the Brazilian
Capital Market 335
Alexandre Pinheiro dos Santos
Developments in Climate Finance from Rio to Cancun 345
Charlotte Streck and Thiago Chagas
Governing a Fragmented Climate Finance Regime 363
Richard B. Stewart, Bryce Rudyk, and Kiri Mattes
INDEX 391