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Author: Jelena Madir
Publisher: BRILL
ISBN: 9004414126
Category : Law
Languages : en
Pages : 280
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Book Description
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.
Author: Jelena Madir
Publisher: BRILL
ISBN: 9004414126
Category : Law
Languages : en
Pages : 280
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Book Description
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.
Author: Stefano Manacorda
Publisher: Springer
ISBN: 3319738240
Category : Law
Languages : en
Pages : 172
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Book Description
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.
Author: Jelena Madir
Publisher:
ISBN: 9789004395862
Category : Law
Languages : en
Pages : 280
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Book Description
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
Author: Anne-Marie Leroy
Publisher: World Bank Publications
ISBN: 0821389696
Category : Business & Economics
Languages : en
Pages : 53
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Book Description
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).
Author: Thomas J. Biersteker
Publisher: Cambridge University Press
ISBN: 1107134218
Category : Political Science
Languages : en
Pages : 423
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Book Description
Systematically analyzes the impacts and the effectiveness of UN targeted sanctions over the past quarter century.
Author: Sope Williams-Elegbe
Publisher: Bloomsbury Publishing
ISBN: 1509912940
Category : Law
Languages : en
Pages : 344
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Book Description
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.
Author: Gu Bin
Publisher: Kluwer Law International B.V.
ISBN: 9403506326
Category : Law
Languages : en
Pages : 244
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Book Description
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.
Author: Richard Connolly
Publisher: Cambridge University Press
ISBN: 1108415024
Category : Business & Economics
Languages : en
Pages : 245
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Book Description
The first in-depth scholarly analysis of the effects of Western sanctions, and Russia's response on the Russian economy.
Author:
Publisher: BRILL
ISBN: 9004501207
Category : Social Science
Languages : en
Pages : 411
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Book Description
Sanctions as War is the first critical analysis of economic sanctions from a global perspective. Featuring case studies from 11 sanctioned countries and theoretical essays, it will be of immediate interest to those interested in understanding how sanctions became the common sense of American foreign policy.
Author: Hassane Cissé
Publisher: World Bank Publications
ISBN: 0821388649
Category : Law
Languages : en
Pages : 429
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Book 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.
