Can Mediation Provide Remedy For Human Rights Violations? A Quest For Justice Using A Development Bank Accountability Mechanism,
2023
American University Washington College of Law
Can Mediation Provide Remedy For Human Rights Violations? A Quest For Justice Using A Development Bank Accountability Mechanism, Natalie Bugalski, David Pred
Perspectives
This essay describes what it takes—the enormous tenacity, solidarity, courage and skill required—for communities and their civil society partners to seek recourse through the dispute resolution processes of development bank accountability mechanisms. While these mechanisms can be the crucial centerpiece of an effective strategy, their critical shortcomings mean that community advocates must often engage in Olympian advocacy gymnastics to achieve even a small measure of redress. The essay makes recommendations for strengthening community-centered accountability in development finance, so that remediation and prevention of harm become the norm, and not the rare exception.
The World Bank, The Inspection Panel & Immunity,
2023
American University Washington College of Law
The World Bank, The Inspection Panel & Immunity, Joe Athialy
Perspectives
The establishment of the Inspection Panel marked a turning point for the World Bank, at a time when the notion of accountability in international financial institutions was still nascent. Triggered by people's movements, this bold experiment aimed at transparency faced hurdles as the Bank was immune to legal consequences, and over a while, it weakened the Panel's mandate. The 2019 US Supreme Court decision stripping the Bank of absolute immunity reshapes its accountability landscape. Post-immunity, the Panel gains renewed significance, scrutinizing and recommending actions. Legal repercussions for non-compliance bring a paradigm shift, compelling the Bank to enhance transparency, engage communities, …
"Use And Improve" Is My Accountability Mantra, Despite 30 Years Of Eye-Opening Disappointments,
2023
American University Washington College of Law
"Use And Improve" Is My Accountability Mantra, Despite 30 Years Of Eye-Opening Disappointments, Natalie Bridgeman Fields
Perspectives
This essay finds justification for championing the continued existence, functioning and evolution of Independent Accountability Mechanisms (IAMs). An inside assessment of the thirty-year functioning of IAMs reveals that inadequate power and independence are severely hampering IAM efforts to hold actors accountable for harm. Simultaneously, IAMs can’t make progress without the underlying financial institutions reforming their incentive structures to reward harm prevention and remedy. Despite decades of systemic failure to deliver accountability, when exceptions happen, they are worth it and can be spectacular. With an influx of new climate-related funding expected at the financial institutions, exceptions need to become the rule. …
Between Disruption And Legitimation Of Development: A Critical Perspective On The Inspection Panel And A Call For More Radical Thinking Within The Accountability Community,
2023
American University Washington College of Law
Between Disruption And Legitimation Of Development: A Critical Perspective On The Inspection Panel And A Call For More Radical Thinking Within The Accountability Community, Dustin Schäfer
Perspectives
The essay explores the Inspection Panel’s (the Panel) conflicting role of providing accountability for negatively affected people while facing political limitations. The Panel has proven its potential to disrupt harmful development practices. However, by reproducing “dev-speak” it also continuously contributes to legitimizing the same assumptions of “how to do development”, and thus to the continuation of harmful development practices. This ambivalent effect is inherent to the Panel because of its politically inhibited and depoliticized (i.e. technocratic) environment. To overcome this long-lasting and structural condition will require critical examination of the concept of development and the role it plays in …
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits,
2023
American University Washington College of Law
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
American University International Law Review
Free Trade Agreements (FTAs) have often been considered instruments for heightened intellectual property rights protection, thereby in detriment of a more flexible copyright space. However, since the adoption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, some FTAs have been incorporating a clause on the “Balance in Copyright and Related Rights Systems.” Among these, the Regional Comprehensive Economic Partnership Agreement and, more recently, the 2021 Australia-U.K. FTA contain such a clause. In addition, more discrete FTAs, such as the AustraliaPeru FTA, also incorporate similar provisions. This article considers what incorporating such clauses in FTAs means for the interpretation of …
The 2022 U.S. Steel/Aluminum Tariff Ruling: A Legal Reckoning For The United States And The Wto Over The National Security Exception In International Law,
2023
American University Washington College of Law
The 2022 U.S. Steel/Aluminum Tariff Ruling: A Legal Reckoning For The United States And The Wto Over The National Security Exception In International Law, Klint W. Alexander
American University Law Review
On December 9, 2022, the World Trade Organization (WTO) issued landmark rulings against the United States in four cases brought by China, Switzerland, Norway, and Turkey involving the U.S. imposition and maintenance of restrictive trade measures on steel and aluminum imports dating back to 2018. The major effect of the rulings was to quash the idea that a WTO member had unfettered discretion to invoke the national security exception under Article XXI(b) of the General Agreement on Tariffs and Trade (GATT 1994) whenever it suits its interests. The recent decisions build upon important WTO precedents addressing the applicability of the …
Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders,
2023
American University Washington College of Law
Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders, Gregory Berry
Perspectives
This Essay makes a case for stronger enforcement and implementation of zero-tolerance policies on reprisals within Development Finance Institutions. It argues that for DFIs to inculcate any hopeful vision of a just and inclusive transition to a sustainable future, they must begin by affirmatively cutting at the roots of reprisals. The essay particularly emphasizes two essential changes. First, Independent Accountability and Audit Mechanisms must be empowered to protect the safety of defenders by self-initiating investigations where there are credible concerns of reprisals, and by accepting anonymously submitted complaints. Second, DFIs must evolve to grow teeth for enforcing measures against retaliatory …
Reflections On The Role Of The Panel,
2023
American University Washington College of Law
Reflections On The Role Of The Panel, Charles Di Leva
Perspectives
Over the past thirty years, the World Bank and the Inspection Panel have had a supportive relationship regarding the principle of accountability, particularly as applied to the field of development finance operations and the role and responsibility of the Bank as a multilateral public sector financial institution. This relationship has been apparent in at least three key aspects: i) following the Bank’s lead, many development institutions around the globe have taken steps to improve their own accountability and developed independent accountability mechanisms (IAMs) modeled on the Inspection Panel; ii) the Bank and other development institutions have been supporting the development …
Glass Half-Full Or Glass Half-Empty? Thirty Years Of Accountability At The Inspection Panel--The Impact Of Its Work And What The Data Tells Us,
2023
American University Washington College of Law
Glass Half-Full Or Glass Half-Empty? Thirty Years Of Accountability At The Inspection Panel--The Impact Of Its Work And What The Data Tells Us, Ramanie Kunanayagam, Mark Goldsmith, Ibrahim James Pam, Serge Selwan, Richard Wyness, Ayako Kubodera, Camila Jorge Do Amarel, Rupes Dalai
Perspectives
“A stroke of a genius”, “a bold experiment in transparency and accountability that has worked to the benefit of all concerned”, “a precedent under international law”, and a “citizen-based accountability mechanism” are some of the ways in which close observers have described the World Bank Inspection Panel, which celebrated its thirtieth anniversary in 2023.
The Inspection Panel Early Years (An Inside Story),
2023
American University Washington College of Law
The Inspection Panel Early Years (An Inside Story), Eduardo G. Abbott
Perspectives
This retrospective analysis explores the establishment and evolution of the World Bank Inspection Panel, from the perspective of the Panel’s first executive secretary. The Perspective describes the initial expectations, challenges, and concerns faced by the first Panel members as they wrestled to operationalize an unprecedented institution. The Perspective documents the strategic actions the Panel took to safeguard its independence and ensure its accessibility to potential claimants. The Perspective concludes with a review of the Panel’s contemporary struggles for autonomy prompted by a restructuring of the Panel and the evolving landscape of accountability mechanisms within the World Bank Group.
The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm,
2023
American University Washington College of Law
The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre
Perspectives
For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …
Woke Capital Revisited,
2023
Seattle University School of Law
Woke Capital Revisited, Jennifer S. Fan
Seattle University Law Review
Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers,
2023
Seattle University School of Law
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar
Seattle University Law Review
The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …
Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law,
2023
Seattle University School of Law
Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters
Seattle University Law Review
In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …
Enforcement Penalties At The Itc,
2023
Northwestern Pritzker School of Law
Enforcement Penalties At The Itc, Andrea R. Hugill, John C. Jarosz, Katherine D. Cappaert
Northwestern Journal of International Law & Business
The U.S. International Trade Commission (“ITC” or “Commission”) has grown in importance as a venue for U.S. companies to pursue intellectual property (“IP”) violators and to block the sale or importation of goods from overseas that infringe U.S. IP rights. Once a violation of the Section 337 of the Tariff Act of 1930 is found, an order halting further infringement, including importation, is almost always entered. In theory, potentially sizeable penalties may be imposed on entities that do not comply with the terms of an import restriction. In practice, the terms of an import restriction are almost always honored, but …
Friendly Skies, Unfriendly Terms: Class Action Waivers And Force Majeure Clauses In Airline Contracts Of Carriage,
2023
Northwestern Pritzker School of Law
Friendly Skies, Unfriendly Terms: Class Action Waivers And Force Majeure Clauses In Airline Contracts Of Carriage, Grant Glazebrook
Northwestern Journal of International Law & Business
The airline contract of carriage. These unassuming bits of language govern the relationship between passengers and their airlines. Over the past three years, a new term has sprouted in these agreements: the class action waiver. Before March 2020, only two of the ten largest United States-based airlines’ contracts of carriage had class action waivers. But as of April 2023, eight now have class action waivers. Why have airlines quickly adopted these copycat terms? What are the implications of this new contractual trend for flyers, airlines, and regulators? This note aims to contribute to the scholarship around these questions in three …
The Effect Of The Pro Act On Secondary Activity And International Trade,
2023
Northwestern Pritzker School of Law
The Effect Of The Pro Act On Secondary Activity And International Trade, Christopher R. Rodenbaugh
Northwestern Journal of International Law & Business
No abstract provided.
Trends In China-Africa Economic Relations And Dispute Settlement,
2023
Villanova University
Trends In China-Africa Economic Relations And Dispute Settlement, Won Kidane
Northwestern Journal of International Law & Business
The rapid rise in the last two decades of China-Africa economic interactions in trade, investment, construction projects, and loans require sustained inquiry into the substantive rules of engagement and mechanisms of dispute settlement. Evidently, however, it would quickly emerge that the improvements in supranational legal frameworks have not kept pace with the growing scale and complexity of the economic interactions. While trade relations between China and Africa are theoretically subject to the same multilateral World Trade Organization (WTO) rules, they are in practice mostly based on informal unilateral concessions. Moreover, investment relations are partially governed by fragmented and mostly outdated …
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): White Paper,
2023
American University Washington College of Law
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): White Paper, Rachael G. Samberg, Timothy Vollmer, Thomas Padilla
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): Case Study,
2023
American University Washington College of Law
Legal Literacies For Text Data Mining – Cross-Border (“Lltdm-X”): Case Study, Rachael Samberg, Timothy Vollmer, Thomas Padilla
Joint PIJIP/TLS Research Paper Series
No abstract provided.
