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ÔDr Fujita reminds us of the critically important role that human rights can play. Opening up new perspectives, this book is a major and original contribution to the literature.Õ Ð From the foreword by Paul Hunt ÔSanae FujitaÕs book, The World Bank, Asian Development Bank and Human Rights is a significant scholarly contribution to important issues of global governance in our increasingly interconnected world. The book is an excellent treatment of the emergence of participatory rights and accountability in the context of international finance and international organizations more generally. Particularly valuable is the in-depth treatment of transparency and accountability at the Asian Development Bank, an important and often-overlooked institution critical to international governance.Õ Ð David Hunter, American University Washington College of Law, US The World Bank and the Asian Development Bank are two of the worldÕs major institutions conducting development projects. Both banks recognize the importance of transparency, participation and accountability. Responding to criticisms and calls for reform, they have developed policies that are designed to protect these values for people affected by their projects. This original and timely book examines these policies, including those recently revised, through the prism of human rights, and makes suggestions for further improvement. It also analyses the development of the BanksÕ stance to human rights in general. This unique book contains valuable and deeply insightful information drawn from extensive face-to-face interviews with relevant actors, including key personnel from both banks, consultants to the banks and members of civil society organisations. It expands the scope of research/discussion on human rights obligation of International financial institutions that will prove insightful for both academics and students. Practitioners will gain a great deal from the detail given on the standards of transparency, participation and accountability and their applicability to the day-to-day operations of development institutions.
This work adopts a broad view of sustainable development as the basis of modern environmental law, with an emphasis on social justice and equity. This approach requires that environmental law address and incorporate social, cultural, and economic dimensions in addition to the physical environment.
Digital trade promotion has been a long-standing priority for CAREC member countries, as part of their integration into global value chains and economic diversification. This study examines the legal environment on electronic transactions as well as the opportunities and challenges in expanding electronic commerce in the CAREC region. It makes a case for modernization and harmonization of laws of CAREC countries leveraging on international instruments and best practices for electronic commerce transactions. Adequate legislation to protect personal privacy and consumers’ rights and combat cybercrime is also crucial. Finally, institutions must be built with trust, within and among countries and through regional cooperation.
Developing Asia's demand for high-quality, integrated infrastructure requires a steady but equitable supply of land. However, obtaining rights over land can be complicated by hurdles imposed by geography, settlement patterns, conflicting cultures, sociopolitical factors, and land use problems unique to each country. This timely volume identifies policies that can balance the rights and interests of first nations' peoples, informal settlers, and rural landowners against the development imperatives of land procurement for the greater public good. It provides instructive case studies of the state of Asian land registration, eminent domain, and redevelopment in situations of vulnerable communities. The collected chapters also propose and assess some promising models that might be customized to local conditions, such as long-term land leasing with options to buy. This is a companion volume to ADBI Press' pioneering series of titles (all available through Brookings Press)--Infrastructure for a Seamless Asia; Financing Infrastructure in Asia and the Pacific: Capturing Impacts and New Sources; and Principles of Infrastructure: Case Studies and Best Practices. This volume will be of interest to policymakers, practitioners, academics, and students.
Providing an authoritative yet accessible introduction to the Asian Development Bank (ADB), this comprehensive Companion offers a detailed examination of the ADB’s objectives, policies, development outcomes, strengths and weaknesses, areas for reform, and challenges going forward.
The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.
Report 2 contains a comprehensive review of the growing number and variety of climate lawsuits in Asia and the Pacific. It underscores the unique flavor and voice of regional jurisprudence and compares it with global approaches. Climate change in Asia and the Pacific is deadly and impacts communities now. The report details why and how regional climate litigation seeks relief in increasingly urgent ways. It is the second in the four-part series that ADB produced in recognition of the inevitability of increased litigation in the era of climate change.
This book is a history of the Asian Development Bank (ADB), a multilateral development bank established 50 years ago to serve Asia and the Pacific. Focusing on the region’s economic development, the evolution of the international development agenda, and the story of ADB itself, this book raises several key questions: What are the outstanding features of regional development to which ADB had to respond? How has the bank grown and evolved in changing circumstances? How did ADB’s successive leaders promote reforms while preserving continuity with the efforts of their predecessors? ADB has played an important role in the transformation of Asia and the Pacific the past 50 years. As ADB continues to evolve and adapt to the region’s changing development landscape, the experiences highlighted in this book can provide valuable insight on how best to serve Asia and the Pacific in the future.