Five essays set out the general principles of international law that are applicable to the IFIs and consider how these are or should be evolving to produce IFIs that are respectful subjects of international law and accountable to all relevant stakeholders for their compliance with international law. Six more focus on selected aspects of the IFIs’ operations that both raise important and challenging international legal issues and that have substantial impacts on both the different stakeholders in the operations of the IFIs, and on the sustainability and success of the operations. Introductory and concluding essays frame the volume. The many issues raised include the following: • IFIs’ impact on economic policies in Member States; • IFI operations as private financial transactions; • IFIs as key players in the creation of international law; • IFIs as promoters of the international capitalist system; • IFIs as bearers of human rights obligations under international human rights law or as participants in the UN system; • consequences of an IFI’s breach of its own internal policies or directives; • IFI immunity; • IFI capacity to sue and to be sued in national courts; • ability of various claimants to sue IFIs in domestic courts; • environmental and social rights and interests of third parties affected by IFI financing; • right of indigenous people to give their free, prior, and informed consent to IFI operations that affect them; and • IFIs’ treatment of workers’ rights.
Analysing the emerging international legal framework governing financial institutions and markets, including monetary policies and monetary regulation, this book addresses the cross border issues that arise within this area.
This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions ...
Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and ...
The book sets forth the economic rationale for international financial regulation and what role, if any, international regulation can play in effectively managing systemic risk while providing accountability to all affected nations.
Through case studies of climate finance mechanisms and a multitude of other sources, this book delivers a rich legal and empirical understanding of the implementation of states’ climate finance obligations to date.
A central premise is that an objective and universally‐accepted measure of “success” in development and paths to it does not exist.
This book explores the human rights obligations of two of the largest international financial institutions,namely, the World Bank and the International Monetary Fund.
This book provides a rigorous application of international legal rules governing the proper interpretation of the institutions' mandates.
In this book, there has been discussion of the misery that international law can and does inflict. Misery is a central organizing principle for the book. From the perspective of this chapter, an anti-misery principle could reflect a ...
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.