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- Perspectives (16)
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- Georgia Journal of International & Comparative Law (3)
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Articles 31 - 55 of 55
Full-Text Articles in Law
The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff
The Sovereign Debtor's Prison: Analysis Of The Argentine Crisis Arbitrations And The Implications For Investment Treaty Law, Robert M. Ziff
Richmond Journal of Global Law & Business
Over the last six years, several arbitration panels have released opinions in a series of disputes raised by investors against Argentina. In each case, foreign investors claim that Argentina's use of price controls and currency devaluation following the 2002 economic crisis constituted a violation of bilateral investment treaty obligations. Despite the fact that most claimants make identical allegations, many of these decisions are highly contradictory. In some cases Argentina is absolved of liability, while in others Argentina is held liable for hundreds of millions in damages. In aggregate, the claimants seek enough money to bankrupt the Argentine Republic.
Arab Spring Brings Winds Of Change To The Maghreb And Mena Region: Does That Spell Opportunity For Infrastructure Development And Project Finance?, Silvano Domenico Orsi
Arab Spring Brings Winds Of Change To The Maghreb And Mena Region: Does That Spell Opportunity For Infrastructure Development And Project Finance?, Silvano Domenico Orsi
Richmond Journal of Global Law & Business
No abstract provided.
Ubiquitous Money And Walking Banks: Environment, Technology, And Competition In Mobile Banking, Jongho Kim
Ubiquitous Money And Walking Banks: Environment, Technology, And Competition In Mobile Banking, Jongho Kim
Richmond Journal of Global Law & Business
No abstract provided.
Reforming Key International Financial Institutions For The 21st Century: Hearing Before The Subcomm. On Security And International Trade And Finance Of The S. Comm. On Banking, Housing, And Urban Affairs, 110th Cong., Aug. 2, 2007 (Statement Of Daniel K. Tarullo, Geo. U. L. Center), Daniel K. Tarullo
Testimony Before Congress
No abstract provided.
Banking Law Reform And Users-Consumers In Developing Economies: Creating An Accessible And Equitable Consumer Base From The 'Excluded', Joseph J. Norton
Banking Law Reform And Users-Consumers In Developing Economies: Creating An Accessible And Equitable Consumer Base From The 'Excluded', Joseph J. Norton
Faculty Journal Articles and Book Chapters
Drawing on over two decades of relevant experience, the author sets forth the primary proposition that the equitable and accessible provision of banking services has never been a core component of modern banking sector legal reform in developing countries. Over the course of the article, the author evaluates the past fifteen years of banking law reform for developing countries and considers recent World Bank efforts to address financial access and equity issues. The article also includes a discussion of the rise of microfinancing and private banking industry initiatives in South Africa. The author concludes with reflections on the importance of …
Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail
Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail
Federal Communications Law Journal
Book Review: Information and Communications for Development 2006: Global Trends and Policies, issued by the World Bank.
This Review provides a summary and brief analysis of foreign private investment, the book's blueprint for reform, and how investments have fared in promoting economic growth and reducing poverty. The book is a valuable asset for governments, scholars, investors, and the international community seeking to serve end users in developing countries.
Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller
Global Administrative Law: The View From Basel, Michael S. Barr, Geoffrey P. Miller
Articles
International law-making by sub-national actors and regulatory networks of bureaucrats has come under attack as lacking in accountability and legitimacy. Global administrative law is emerging as an approach to understanding what international organizations and national governments do, or ought to do, to respond to the perceived democracy deficit in international law-making. This article examines the Basel Committee on Banking Supervision, a club of central bankers who meet to develop international banking capital standards and to develop supervisory guidance. The Basel Committee embodies many of the attributes that critics of international law-making lament. A closer examination, however, reveals a structure of …
The World Bank's Uses Of The "Rule Of Law" Promise In Economic Development, Alvaro Santos
The World Bank's Uses Of The "Rule Of Law" Promise In Economic Development, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
In this chapter, the author seeks to disaggregate the World Bank and provide insight on the impact that particular groups have in dominant development strategies. By analyzing the internal dynamics among groups at the Bank, his aim is to illuminate the rise and fall of ideas about development and their resistance to both empirical evidence and academic critique. These internal dynamics include institutional inertia and constraints, groups’ struggle and competition over resources and prestige, and the relationship between groups at the Bank and the governments of borrowing countries.
The argument presented is that the conceptions of the rule of law …
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
San Diego International Law Journal
This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …
An Analysis Of The Duties And Obligations Of The International Legal Community To The Eradication Of Poverty And Growth Of Sustainable Development In Light Of The Jus Cogens Nature Of The Declaration Of The Right To Development, Freda R. Murray-Bruce
ExpressO
This paper examines the copious problem of world poverty affecting half of the world’s population in the South and assesses the international legal obligations of the international legal community, viz., developed states, transnational corporations and the international financial institutions of the IMF, World Bank and WTO to the eradication of poverty and the growth of sustainable development, in view of the inviolability and peremptory nature of the Charter of the UN, and the international human rights provisions arising therefrom. To this extent, we examine the 1986 General Assembly Declaration on the Right to Development, along with the other International Bill …
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
Richmond Journal of Global Law & Business
No abstract provided.
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Sustainable Development Law & Policy
No abstract provided.
From Reluctant Champion To Development Ringmaster: Managing The Expanding Mission Of The World Bank, Jane Rueger
From Reluctant Champion To Development Ringmaster: Managing The Expanding Mission Of The World Bank, Jane Rueger
Indiana Journal of Global Legal Studies
No abstract provided.
The Relationship Of Imf Structural Adjustment Programs To Economic, Social, And Cultural Rights: The Argentine Case Revisited, Jason Morgan-Foster
The Relationship Of Imf Structural Adjustment Programs To Economic, Social, And Cultural Rights: The Argentine Case Revisited, Jason Morgan-Foster
Michigan Journal of International Law
Perhaps as important as what this Note is, is what it is not: Economic theories abound concerning the causes of the Argentine crisis, some of which directly analyze the IMF's causal connection to the Argentine catastrophe. A Note on this subject would be one of economic theory, not international human rights law. While at certain points in the analysis of the human rights implications of SAPs, it will become difficult to avoid some speculation of economic theory, it is not the primary focus of this Note. Rather than implicate the IMF as part of the cause of the crisis, this …
The World Bank Inspection Panel: A Record Of The First International Accountability Mechanism And Its Role For Human Rights, Sabine Schlemmer-Schulte
The World Bank Inspection Panel: A Record Of The First International Accountability Mechanism And Its Role For Human Rights, Sabine Schlemmer-Schulte
Human Rights Brief
No abstract provided.
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 Environmental Impacts Of International Finance Corporation Lending And Proposals For Reform: A Case Study Of Conservation And Oil Development In The Guatemalan Petén", Ian A. Bowles, Amy B. Rosenfeld, Cyril F. Kormos, Conrad C.S. Reining, James D. Nations, Thomas T. Ankersen
"The Environmental Impacts Of International Finance Corporation Lending And Proposals For Reform: A Case Study Of Conservation And Oil Development In The Guatemalan Petén", Ian A. Bowles, Amy B. Rosenfeld, Cyril F. Kormos, Conrad C.S. Reining, James D. Nations, Thomas T. Ankersen
UF Law Faculty Publications
This Article presents a case study of lending by the International Finance Corporation (IFC), the private-sector lending arm of the World Bank Group, in the oil and gas sector in Guatemala. The case study emphasizes the need for additional environmental reform at IFC. With two separate loans in 1994 and 1996, IFC supported the activities of a small international oil company that was operating within a national park in the northern Guatemalan Petdn, an area of rich tropical forests and globally important wetlands. The company's operations had been "grandfathered"in to the park upon its creation in 1990. Funding from IFC …
The Role Of The World Bank In Controlling Corruption, Susan Rose-Ackerman
The Role Of The World Bank In Controlling Corruption, Susan Rose-Ackerman
Philip A. Hart Memorial Lecture
In 1997, Professor of Law and Political Science, Susan Rose-Ackerman of Yale University, delivered the Georgetown Law Center’s seventeenth Annual Philip A. Hart Memorial Lecture: "The World Bank’s Role in Controlling Corruption."
Susan Rose-Ackerman is Henry R. Luce Professor of Law and Political Science, Yale University, and Co-director of the Law School’s Center for Law, Economics, and Public Policy. She holds a Ph.D. in economics from Yale University and has held fellowships from the Guggenheim Foundation and the Fullbright Commission. She was a visiting Research Fellow at the World Bank in 1995-96 where she did research on corruption and economic …
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.
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason
Indiana Journal of Global Legal Studies
Dr. Steer and Mr. Mason begin by noting that since fundingfor
the Rio Earth Summit agreements has not been forthcoming,
multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or
advancing the environmental agenda set forth at the Summit. Dr.
Steer and Mr. Mason note that MFIs furnish three crucial functions
in implementing the global environmental agenda. First, MFIs are
able to target investments in developing countries that involve
important environmental issues. Second, MFIs are able to support
policy reforms within developing countries to ensure environmental
standards and issues are properly addressed. Finally, MFIs can
multiply a small amount offunding into a significant …
World Bank Inspection Panel Update, Samir Desai
World Bank Inspection Panel Update, Samir Desai
Human Rights Brief
No abstract provided.
The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth
The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth
Michigan Journal of International Law
Review of The United States and the Politicization of the World Bank: Issues of International Law and Policy by Bartram S. Brown
Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow
Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow
Michigan Journal of International Law
This paper, through a case study of financial sanctions against South Africa, demonstrates that it is possible to design a development-oriented financial sanctions strategy against any country that violates the human rights of its citizens and in which government regulations, including exchange controls, result in foreign-owned financial assets being trapped in the target country. This strategy will both deprive the perpetrators of the human rights violations of new funds and will help redirect the blocked funds into activities that are designed to promote the political and socioeconomic development of the victims of the human rights abuses. The means for identifying …
Legal Protection Of Loans To Developing Country Borrowers, Lajos Schmidt
Legal Protection Of Loans To Developing Country Borrowers, Lajos Schmidt
Vanderbilt Journal of Transnational Law
At the Bretton Woods Conference in July 1944, in introducing the proposal for what is today the World Bank, John Maynard Keynes predicted: "In the dangerous and precarious days which lie ahead, the risks of the lender will be inevitably large and most difficult to calculate. The risk premium reckoned on strict commercial principles may be beyond the capacity of an impoverished borrower to meet, and may itself contribute to the risks of ultimate default." Three decades later this problem of the gap between the developed-country lender's required risk premium and the developing-country borrower's ability to generate an investment return …
International Agencies And The Capital Formation Process, Lester Nurick
International Agencies And The Capital Formation Process, Lester Nurick
Vanderbilt Journal of Transnational Law
The theme of my address will be (a) the principal means by which the international public lending institutions (principally the International Bank for Reconstruction and Development--the World Bank), the International Development Association (IDA), the International Finance Corporation (IFC), and the Inter-American Development Bank (IADB)) join with others in the channeling of funds from private, governmental and other international sources for development projects, and (b) some of the main legal problems which arise.
An operation of this kind is usually called a joint financing operation. However, it should be noted that in a sense every loan by an international organization for …