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Author: Sigrun Skogly Publisher: Routledge ISBN: 1135338817 Category : Law Languages : en Pages : 232
Book Description
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.
Author: Sigrun Skogly Publisher: Routledge ISBN: 1135338817 Category : Law Languages : en Pages : 232
Book Description
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations.
Author: Bahram Ghazi Publisher: BRILL ISBN: 9004481354 Category : Law Languages : en Pages : 471
Book Description
The IMF, The World Bank Group, and the Question of Human Rights explores various issues facing international financial institutions and their obligations to adhere to human rights norms. Bahram Ghazi gets to the heart of the most important issues facing the global community today: namely, how to reconcile globalization and the activities of the World Bank and the IMF with the implementation of international human rights rules. His comprehensive work explains the relation between economy, finance, and investments and their impact on the human rights situation. Using an interdisciplinary approach, the author incorporates historical, political, economic, financial, and institutional dimensions into his analysis. The IMF, The World Bank Group, and the Question of Human Rights is the fourth volume to be published in Transnational’s International Law and Development series, edited by Raj Bhala. Published under the Transnational Publishers imprint.
Author: Mac Darrow Publisher: Bloomsbury Publishing ISBN: 1847310346 Category : Law Languages : en Pages : 376
Book Description
Much has been written on the human rights relevance and impacts of the policies and activities of the World Bank and IMF --or International Financial Institutions (IFIs). However while many of the human rights-based critiques of the Bank and Fund purport to link broadly defined reforms with obligations under international human rights law,rarely has this been carried out through a rigorous and in-depth application of international legal rules governing the proper interpretation of the institutions' mandates, and rarely have the policy consequences and practical possibilities for human rights integration been explored in any detail. These are the principal gaps that the present book aims to fill, by reference to a sample of the IFIs' most important and controversial contemporary activities.
Author: Daniel D. Bradlow Publisher: Kluwer Law International B.V. ISBN: 9041128816 Category : Business & Economics Languages : en Pages : 442
Book Description
The fundamental recognition in this book is that the issue of what international legal principles are applicable to the operations of the IFIs is an important topic that would benefit from more rigorous study. Twelve deeply committed contributors - whose work spans the academic, policy, and activist spectrum - suggest that a better understanding of these legal issues could help both the organizations and their Member States structure their transactions in ways that are more compatible with their developmental objectives and their international responsibilities.
Author: Willem van Genugten Publisher: ISBN: 9781780682969 Category : Human rights Languages : en Pages : 0
Book Description
The World Bank Group and the International Monetary Fund (IMF) are under substantial pressure to accept more accountability under international human rights law. This book sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is 'living law' and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the IMF are both starting to recognize, more and more, the relevance of human rights to the fulfillment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. The book argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions. The book also includes the Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights. Subject: International Law, Human Rights Law, Finance Law, Banking Law]
Author: Siobhan McInerney-Lankford Publisher: World Bank Publications ISBN: 9780821385760 Category : Political Science Languages : en Pages : 92
Book Description
Human rights indicators are central to the application of human rights standards in context and relate essentially to measuring human rights realization, both qualitatively and quantitatively. They offer an empirical or evidence-based dimension to the normative content of human rights legal obligations and a provide means of connecting those obligations with empirical data and evidence, and in this way relate to human rights accountability and the enforcement of human rights obligations. Human rights indicators are important both for assessment and diagnostic purposes: the assessment function of human rights indicators relates to their use in monitoring accountability, effectiveness and impact, while the diagnostic purposes relates to measuring the current state of human rights implementation and enjoyment in a given context, whether regional, country-specific or local. This paper offers a preliminary review of the foregoing in the development context, and a general perspective on the significance of human rights indicators for development processes and outcomes. It is not intended to be prescriptive and does not provide specific operational recommendations on the use of human rights indicators in development projects. Nor does it advocate a particular approach or mode of integrating human rights in development, or argue for a rights-based approach to development. This paper is designed to provide development practitioners with a preliminary view on the possible relevance, design and use of human rights indicators in development policy and practice. It also introduces a basic conceptual framework about the relationship between rights and development, including in the World Bank context and surveys a range of methodological approaches on human rights measurement, exploring in general terms different types of human rights indicators and their potential implications for development at three different levels of convergence or integration.
Author: Adam McBeth Publisher: Routledge ISBN: 1135245231 Category : Business & Economics Languages : en Pages : 384
Book Description
In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law. Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. International Economic Actors and Human Rights will be of great interest to those studying or working in any field of international economic law, as well as human rights scholars and practitioners.
Author: Sanae Fujita Publisher: Edward Elgar Publishing ISBN: 1781006059 Category : Business & Economics Languages : en Pages : 343
Book Description
ÔDr Fujita reminds us of the critically important role that human rights can play. Opening up new perspectives, this book is a major and original contribution to the literature.Õ Ð From the foreword by Paul Hunt ÔSanae FujitaÕs book, The World Bank, Asian Development Bank and Human Rights is a significant scholarly contribution to important issues of global governance in our increasingly interconnected world. The book is an excellent treatment of the emergence of participatory rights and accountability in the context of international finance and international organizations more generally. Particularly valuable is the in-depth treatment of transparency and accountability at the Asian Development Bank, an important and often-overlooked institution critical to international governance.Õ Ð David Hunter, American University Washington College of Law, US The World Bank and the Asian Development Bank are two of the worldÕs major institutions conducting development projects. Both banks recognize the importance of transparency, participation and accountability. Responding to criticisms and calls for reform, they have developed policies that are designed to protect these values for people affected by their projects. This original and timely book examines these policies, including those recently revised, through the prism of human rights, and makes suggestions for further improvement. It also analyses the development of the BanksÕ stance to human rights in general. This unique book contains valuable and deeply insightful information drawn from extensive face-to-face interviews with relevant actors, including key personnel from both banks, consultants to the banks and members of civil society organisations. It expands the scope of research/discussion on human rights obligation of International financial institutions that will prove insightful for both academics and students. Practitioners will gain a great deal from the detail given on the standards of transparency, participation and accountability and their applicability to the day-to-day operations of development institutions.
Author: Sigrun Skogly
Author: Sigrun Skogly
Author: Bahram Ghazi
Author: Willem J. M. van Genugten
Author: Mac Darrow
Author: VAN GENUGTEN.
Author: Daniel D. Bradlow
Author: Willem van Genugten
Author: Siobhan McInerney-Lankford
Author: Adam McBeth
Author: Sanae Fujita