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Fighting Fraud and Corruption at the World Bank - A Critical Analysis of the Sanctions System (Hardcover, 1st ed. 2018)
Loot Price: R3,272
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Fighting Fraud and Corruption at the World Bank - A Critical Analysis of the Sanctions System (Hardcover, 1st ed. 2018)
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This book focuses on the World Bank's sanctions system, which is an
innovative instrument of global governance implemented by the
leading multilateral development bank in order to impose penalties
on legal entities and individuals that are involved in
Bank-financed projects. Although similar regimes have also been
implemented by other regional multilateral development banks, the
World Bank's legal framework is currently the most comprehensive
one. The book offers a rich and detailed analysis of the sanctions
system, presenting an in-depth examination of all the phases of its
procedure with a special focus on key aspects such as the criteria
for assigning liability to legal entities and corporate groups, as
well as the World Bank's jurisdictional reach over non-contractors.
The book also explores the compatibility between the legal
framework implemented by the Bank and the rule of law, the role of
precedents, and the level of due process. It highlights the fact
that the sanctions system is currently characterized by a lack of
legal guarantees, and that there are compelling reasons for
supporting the argument that due process safeguards should be
applied to it in their entirety. To that end, the book conducts a
thorough analysis of specific procedural aspects such as the right
to a hearing, the right to evidence disclosure, the time limit
regime, the standard of proof and shift of the burden of proof, the
evidential value of a party's silence, and the consistency and
predictability of the World Bank's sentencing practice. The study
is conducted on the basis of a detailed and painstaking examination
of the most relevant decisions taken by the Sanctions Board,
providing the first-ever commentary on the World Bank's case law.
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