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Full-Text Articles in Law
Multilateral Development Banks, Their Member States And Public Accountability: A Proposal, Daniel D. Bradlow
Multilateral Development Banks, Their Member States And Public Accountability: A Proposal, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
More than 25 years ago the multilateral development banks (MDBs) began establishing independent accountability mechanisms (IAMs), such as the World Bank’s Inspection Panel, to address concerns about MDB accountability to those communities and groups who were harmed by their decisions and actions. This essay argues that these mechanisms need updating. In the interests of promoting new and creative thinking about these mechanisms, it makes an ambitious two-part proposal designed to improve the efficacy of the IAMs, while also respecting the sovereignty of their member states and protecting an appropriate level of immunity for the MDBs. First, the MDBs should jointly …
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 …
Using A Shield As A Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow
Using A Shield As A Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
The starting point for this paper is that IOs are as subjects of international law. Since IOs do not control territory or a population and so always operate within the jurisdiction of one of their member states, they are vulnerable to interference by their member states. In order to mitigate this risk, IOs have been granted qualified immunity, usually referred to as functional immunity, from the jurisdiction of their member states. For most of the twentieth century, this grant of functional immunity made sense for two reasons.
First, the founding states envisaged that IOs would have limited capacity to act …
The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel Bradlow, Andria Naude Fourie
The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel Bradlow, Andria Naude Fourie
Working Papers
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 …
The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel D. Bradlow, Andria Naude Fourie
The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel D. Bradlow, Andria Naude Fourie
Articles in Law Reviews & Other Academic Journals
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 …
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson
'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …
The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow
The Governance Of The Imf: The Need For Comprehensive Reform, Daniel Bradlow
Working Papers
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
Operational Policies And Procedures And An Ombudsman, Daniel D. Bradlow
Working Papers
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 …
After Seattle: Public International Organizations, Non-Governmental Organizations (Ngos), And Democratic Legitimacy In An Era Of Globalization: An Essay In Contested Legitimacy, Kenneth Anderson
Working Papers
This working monograph (about 120,000 words) analyzes the relationship between public international organizations such as the United Nations system and international non-governmental organizations under conditions of globalization.It argues that international organizations and international NGOs are locked in an embrace of mutual legitimation, each giving the other important political legitimacy, in favor of liberal internationalism and at the expense of democratic sovereignty. The monograph argues that the legitimacy that each gives the other is based on flawed assumptions about the nature of civil society and "international civil society," on the one hand, and global governance and the possibilities of international, global …