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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.
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.
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 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.
This book explores the three tracks of China's investment policy and strategy: bilateral agreements, regional agreements, and global initiatives. Its overarching topic is whether these three tracks compete with or complement one another - a question of profound importance for China's political and economic future and world investment governance.
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 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).
Globally, isolationism and protectionism are on the rise, and resurgent authoritarian nations are reasserting the centrality of the sovereign state. And with China’s influence around the world intensifying, the dynamic interrelationship of the national and supranational in shaping norms of good governance has become increasingly relevant. Good Governance in Economic Development critically examines the ways in which transparency and accountability mechanisms are incorporated or reflected in international trade, finance, and investment regimes. It also explores the Chinese state’s engagement with these norms, shedding new 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. Through close analysis of how norms are adapted locally, the contributors offer insights into the global and national implications of international good governance rules.
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.
This book proposes an approach that guarantees access to justice for victims of international institutional conduct without compromising institutional independence.