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Full-Text Articles in Law
Contextual Accountability, The World Bank Inspection Panel, And The Transformation Of International Law In Edith Brown Weiss' "Kaleidoscopic World", David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.
This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Articles in Law Reviews & Other Academic Journals
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Development And Outcomes Of Investment Treaty Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this article explores the role of development status in arbitration outcome. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The article then assesses how (1) the development status …
The Wto And The Anti-Corruption Movement, Padideh Ala'i
The Wto And The Anti-Corruption Movement, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …
The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson
The Limits Of Pragmatism In American Foreign Policy: Unsolicited Advice To The Bush Administration On Relations With International Nongovernmental Organizations, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
The Bush Administration has tended to see international nongovernmental organizations in a pragmatic way, as functionally the international equivalent of domestic "volunteer" organizations. This article argues that the Bush Administration ought to see international nongovernmental organizations as organizations seeking to substitute so-called "international civil society," on the one hand, and public international organizations, on the other, for the authority of democratically sovereign states. Looking beyond the particular issues on which international NGOs press political agendas - human rights, environmentalism, etc. - the function of international NGOs is to delegitimize democratic sovereignty in favor of liberal internationalism. The article argues that …
Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel D. Bradlow
Precedent-Setting Ngo Campaign Saves The World Bank's Inspection Panel, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This article, after describing the stakes in the ongoing debate about the operating procedures of the World Bank's Inspection Panel (Panel), explains the causes of this controversy. Thereafter it discusses the evolution of the proposal of the Working Group of the Bank's Board of Directors to correct the problems in the Panel's operating procedures. It suggests that, if the Board has the political will to adopt it, the final proposal of the Working Group has the potential to create a Panel procedure that is effective, independent, and impartial. The reason for this possibility is that the Bank, in an innovative …
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
The World Bank, The Imf, And Human Rights, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.