The World Bank Inspection Panel And Quasi Judicial Oversight

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The World Bank Inspection Panel and Quasi-judicial Oversight

Author : Andria Naudé Fourie
Publisher : Unknown
Page : 400 pages
File Size : 48,7 Mb
Release : 2009
Category : Business & Economics
ISBN : STANFORD:36105134499388

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The World Bank Inspection Panel and Quasi-judicial Oversight by Andria Naudé Fourie Pdf

This book conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank, which is conceived as an international institution exercising public power. The author engages in comparative constitutional law analysis, looking towards three non-international constitutional systems - the United States, the European Union, and post-Apartheid South Africa - to construct a conceptual model of judicial oversight that reflects the concept's nature, effect, and dynamics. The author employs this model to analyze the institutional history and practice of the World Bank Inspection Panel, covering the Panel's entire institutional lifespan. The author concludes that the nature, effect, and dynamics of judicial oversight - indeed, the "judicial spirit" - is more alive in this area of public international law than what might be expected. This book will be of interest to both constitutional and international lawyers, as well as legal practitioners and members of international civil society frequently engaging with international financial institutions such as the World Bank.

The World Bank Legal Review Volume 6 Improving Delivery in Development

Author : Jan Wouters,Alberto Ninio,Teresa Doherty,Hassane Cisse'
Publisher : World Bank Publications
Page : 592 pages
File Size : 44,9 Mb
Release : 2015-03-13
Category : Law
ISBN : 9781464803796

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The World Bank Legal Review Volume 6 Improving Delivery in Development by Jan Wouters,Alberto Ninio,Teresa Doherty,Hassane Cisse' Pdf

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.

Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective

Author : Dário Moura Vicente
Publisher : Martinus Nijhoff Publishers
Page : 595 pages
File Size : 48,8 Mb
Release : 2016-04-21
Category : Law
ISBN : 9789004298712

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Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective by Dário Moura Vicente Pdf

Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.

Sustainability through Participation?

Author : Birgit Peters,Eva Julia Lohse
Publisher : BRILL
Page : 534 pages
File Size : 46,7 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004509382

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Sustainability through Participation? by Birgit Peters,Eva Julia Lohse Pdf

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

International Law

Author : Malcolm N. Shaw
Publisher : Cambridge University Press
Page : 1311 pages
File Size : 44,5 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781108477741

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International Law by Malcolm N. Shaw Pdf

An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.

International Courts and the Development of International Law

Author : Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
Publisher : Springer Science & Business Media
Page : 948 pages
File Size : 55,7 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789067048941

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International Courts and the Development of International Law by Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni Pdf

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

The Practice of Independent Accountability Mechanisms (IAMs)

Author : Owen McIntyre,Suresh Nanwani
Publisher : BRILL
Page : 402 pages
File Size : 44,9 Mb
Release : 2019-11-04
Category : Business & Economics
ISBN : 9789004337787

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The Practice of Independent Accountability Mechanisms (IAMs) by Owen McIntyre,Suresh Nanwani Pdf

This book presents a series of in-depth examinations, by leading experts from banking institutions, academia and civil society, of key aspects of the rapidly evolving practice of IAMs, and of the implications of such practice for environmental and social governance.

The Law of Development Cooperation

Author : Philipp Dann
Publisher : Cambridge University Press
Page : 609 pages
File Size : 53,7 Mb
Release : 2013-11-07
Category : Business & Economics
ISBN : 9781107020290

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The Law of Development Cooperation by Philipp Dann Pdf

This comparative study of rules governing development assistance asks how accountability, human rights and sovereignty are preserved while combating poverty.

The World Bank Legal Review

Author : Hassane Cissé,Daniel D. Bradlow,Benedict Kingsbury
Publisher : World Bank Publications
Page : 429 pages
File Size : 47,5 Mb
Release : 2011-11-04
Category : Law
ISBN : 9780821388631

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The World Bank Legal Review by Hassane Cissé,Daniel D. Bradlow,Benedict Kingsbury Pdf

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.

International Financial Institutions and International Law

Author : Daniel D. Bradlow,David B. Hunter
Publisher : Kluwer Law International B.V.
Page : 440 pages
File Size : 54,6 Mb
Release : 2010-09-24
Category : Law
ISBN : 9789041142412

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International Financial Institutions and International Law by Daniel D. Bradlow,David B. Hunter Pdf

Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: • IFIs’ impact on economic policies in Member States; • IFI operations as private financial transactions; • IFIs as key players in the creation of international law; • IFIs as promoters of the international capitalist system; • IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; • consequences of an IFI’s breach of its own internal policies or directives; • IFI immunity; • IFI capacity to sue and to be sued in national courts; • ability of various claimants to sue IFIs in domestic courts; • environmental and social rights and interests of third parties affected by IFI financing; • right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and • IFIs’ treatment of workers’ rights.

Research Handbook on the Theory and Practice of International Lawmaking

Author : Catherine Brölmann,Yannick Radi
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 53,5 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781781953228

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Research Handbook on the Theory and Practice of International Lawmaking by Catherine Brölmann,Yannick Radi Pdf

The global landscape has changed profoundly over the past decades. As a result, the making of international law and the way we think about it has become more and more diversified. This Research Handbook offers a comprehensive guide to the theory and practice of international lawmaking today. It takes stock at both the conceptual and the empirical levels of the instruments, processes, and actors involved in the making of international law. The editors have taken an approach which carefully combines theory and practice in order to provide both an overview and a critical reflection of international lawmaking. Comprehensive and well-structured, the book contains essays by leading scholars on key aspects of international lawmaking and on lawmaking in the main issue areas. Attention is paid to classic processes as well as new developments and shades of normativity. This timely and authoritative Handbook will be a valuable resource for academics, students, legal practitioners, diplomats, government and international organization officials as well as civil society representatives.

Labour Standards in International Economic Law

Author : Henner Gött
Publisher : Springer
Page : 416 pages
File Size : 50,7 Mb
Release : 2018-02-21
Category : Law
ISBN : 9783319694474

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Labour Standards in International Economic Law by Henner Gött Pdf

The book offers a comprehensive perspective on the highly topical issue of protecting and promoting labour standards in international economic law and the globalized economy. For the purpose of an in-depth analysis of both the specific and the fundamental aspects in this regard, it combines views from specialized academics of the legal and political sciences as well as experienced practitioners. The contributions to this book do not only reveal recurring obstacles but also point at best practices and potential for synergies, providing important guidance for future research and practice in international economic and labour law and policy.

Access to Justice and International Organizations

Author : Pierre Schmitt
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 51,8 Mb
Release : 2017-08-25
Category : Law
ISBN : 9781786432896

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Access to Justice and International Organizations by Pierre Schmitt Pdf

Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.

The Good Hegemon

Author : Susan Park
Publisher : Oxford University Press
Page : 329 pages
File Size : 47,5 Mb
Release : 2022
Category : Business & Economics
ISBN : 9780197626481

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The Good Hegemon by Susan Park Pdf

The good hegemon : demanding accountability as justice for the multilateral development banks -- US norm entrepreneurship and the MDBs -- US hegemony for what? From accountability as control to accountability as justice for the MDBs -- Bank resistance to institutionalising accountability as justice -- Accountability as justice in practice : challenging the banks? -- Changing the banks and strengthening accountability as justice? -- Norm diffusion within the MDBs and insights beyond the banks.

The Routledge Handbook on Extraterritorial Human Rights Obligations

Author : Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole
Publisher : Routledge
Page : 500 pages
File Size : 40,9 Mb
Release : 2021-12-24
Category : Political Science
ISBN : 9781000466133

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The Routledge Handbook on Extraterritorial Human Rights Obligations by Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole Pdf

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license