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Full-Text Articles in Law

Charting A Progressive International Financial Agenda, Daniel Bradlow Apr 2013

Charting A Progressive International Financial Agenda, Daniel Bradlow

Daniel D. Bradlow

This paper argues that the current financial crisis offers the best opportunity for progressive reform in international financial governance in many years. It cautions that developing countries and civil society will only be able to fully exploit this opportunity if they are well prepared and realistic in their expectations. It concludes with a set of recommendations on what reforms developing countries and civil society should promote in the current negotiations about international financial governance.


Materials For A 4-Part On-Line Course On Global Financial Governance Offered By United Nations Institute On Training And Research (Unitar), Daniel Bradlow Apr 2013

Materials For A 4-Part On-Line Course On Global Financial Governance Offered By United Nations Institute On Training And Research (Unitar), Daniel Bradlow

Daniel D. Bradlow

This is the material for a 4-part on-line course on global financial governance offered by the United Nations Institute for Training and Research (UNITAR). The course, which is offered over 4 weeks, is designed to help participants understand international financial governance and the challenges that it faces. Second, it seeks to aid participants in assessing both the impact the current arrangements for international financial governance have on their countries and regions and the options they may have in responding to the challenges this creates for them. The first module provides a general framework for understanding international financial governance. The second …


The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel Bradlow, Andria Naude Fourie Apr 2013

The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel Bradlow, Andria Naude Fourie

Daniel D. Bradlow

The exact contours of international organizations’ (IO) responsibility have not yet been clearly defined. While IOs – and international financial institutions (IFIs) in particular – have in the past avoided drawing those contours in more certain terms, this position is slowly changing: IFIs have been changing expectations about their standards of conduct, as reflected in their evolving operational policies and procedures (OP&P). This report provides an overview of the content, formulation, adoption, amendment and enforcement of OP&P at multilateral development banks (MDB) (a subset of IFIs). It highlights the impact of three developments that are strengthening the normative significance and …


Reforming Global Economic Governance: A Strategy For Middle Powers In The G20, Daniel D. Bradlow Dec 2012

Reforming Global Economic Governance: A Strategy For Middle Powers In The G20, Daniel D. Bradlow

Daniel D. Bradlow

In this paper I argue that middle powers that are members of the G20 can extract substantial benefit from their participation in the G20 if they have both a clear long term vision of global economic governance and a plan of action that is based on obtainable short term objectives. In the article I address four issues. The first is that the institutional arrangements for global economic governance will remain unstable until the current process of changes in the balance of global political and economic power plays itself out. The second is that, given the changing international power dynamics, the …


International Financial Reform And Africa: What Is To Be Done?, Daniel Bradlow Dec 2012

International Financial Reform And Africa: What Is To Be Done?, Daniel Bradlow

Daniel D. Bradlow

This paper discusses the likely implications of the financial crisis on Africa and considers what Africa can do to position itself to extract some benefit from the negotiations on international financial governance reform.


The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow Dec 2012

The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow

Daniel D. Bradlow

This article argues that IMF's current governance arrangements suffer from being non responsive to key stakeholders, lack of accountability, non-representative decision making, lack of transparency, and poorly defined relations with other international organizations. These deficiencies have arisen because the IMF has failed to adapt its decision-making structure and procedures to its changing functions and role in the global economy. They have caused distortions in the IMF's relations with its member states, with non-state actors, and with other international organizations and problems with some of the IMF's interpretations of its articles. The article argues that the IMF cannot perform effectively until …


Operational Policies And Procedures And An Ombudsman, Daniel D. Bradlow Dec 2012

Operational Policies And Procedures And An Ombudsman, Daniel D. Bradlow

Daniel D. Bradlow

This paper is about the problems with the administrative practices and procedures in the IMF. It argues that currently the IMF lacks administrative practices and procedures that are consistent with the requirements of good governance. There are 2 requirements for such administrative practices and procedures. The first is clearly articulated and publicly available standards that guide IMF staff in their work and that other stakeholders can utilize in measuring the performance of IMF staff. These standards should set out both the substantive and procedural requirements applicable to the operations of the IMF. The second is a mechanism through which IMF …


Reconciliation Financing: An Innovative Approach To Poverty, Inequality, And Social Conflict, Daniel D. Bradlow Dec 2012

Reconciliation Financing: An Innovative Approach To Poverty, Inequality, And Social Conflict, Daniel D. Bradlow

Daniel D. Bradlow

This paper focuses on the problem of addressing historical injustices and raising finance for small scale revenue generating projects that benefit those victims of these past injustices who still lack access to jobs, services and opportunities. These projects always experience funding problems. They are considered both "too rich" for grant funding because they generate a stream of revenues but "too poor" for commercial funding because either they are too small or they generate an insufficient income stream to be attractive to commercial funders. In proposing a debt-based solution to these funding problems, the paper proposes 3 principles of "reconciliation financing".


How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel Bradlow Dec 2012

How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel Bradlow

Daniel D. Bradlow

The leaders of the G20 countries have now held seven summits -- enough to begin critically evaluating how well the G20 serves the interest of specific sub-parts of the international community. The purpose of this paper is to assess how well the G20 responds to African interests. It is divided into three parts. The first is a brief description of the most recent summit, held on June 18-19, 2012 in Los Cabos, Mexico. The second part is a brief discussion of the criteria that will be used in this evaluation. The third part is an assessment of the G20 against …


The Changing International Business Context And The Challenge It Poses For The Education Of International Business Lawyers, Daniel Bradlow Dec 2012

The Changing International Business Context And The Challenge It Poses For The Education Of International Business Lawyers, Daniel Bradlow

Daniel D. Bradlow

This article looks at 3 factors affecting international business - increasing transnational business, environment, and human rights - and their implications for both the practice of and education of international business lawyers.


Reforming The Global Financial Architecture: Is Real Change Coming?, Daniel Bradlow Dec 2012

Reforming The Global Financial Architecture: Is Real Change Coming?, Daniel Bradlow

Daniel D. Bradlow

This article evaluates the prospects for meaningful reform of the global financial architecture. It begins by looking at the most significant problems with the current architecture. Thereafter it classifies the current reform efforts into three areas -- reforms that in fact have been implemented, reforms that have been proposed but not yet implemented, and reforms that are only under discussion. The paper then evaluates the adequacy of these reform efforts and makes some brief proposals for future reform efforts.


Developing Country Debt Crises, International Financial Institutions, And International Law: Some Preliminary Thoughts, Daniel Bradlow Dec 2012

Developing Country Debt Crises, International Financial Institutions, And International Law: Some Preliminary Thoughts, Daniel Bradlow

Daniel D. Bradlow

While the question of how effectively the IFIs have performed their international economic, financial, social, environmental and developmental responsibilities in their work with these debtor countries has been extensively analyzed and debated, their compliance with their applicable international legal obligations has been less examined. The IFIs' responsibility in this regard, is based on their mandates, as defined in their Articles of Agreements, and general principles of customary international law. Their customary international legal obligations include upholding such principles as pacta sunt servanda and rebus sic stantibus and respecting the sovereignty of their member states. The thesis of this paper is …


The G20 And Sustainable Imf Reform, Daniel D. Bradlow Nov 2012

The G20 And Sustainable Imf Reform, Daniel D. Bradlow

Daniel D. Bradlow

This article explores the problems with the current arrangements for international financial governance and the prospects for the IMF being sufficiently reformed to play an effective role in future arrangements for international financial governance. It proposes that the G20 initiate a multi-step process of reform.


Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow Nov 2012

Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow

Daniel D. Bradlow

No abstract provided.