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To whom are international financial organizations accountable? This
unusual book asks not only this searching question, but also
examines the extent to which accountability is honoured - or evaded
- by the International Monetary Fund, the World Bank Group, and the
regional development banks (collectively the international
financial institutions, or IFIs). 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. 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. Diverse perspectives in terms
of experience, political viewpoint, and focus help define the topic
with greater clarity and depth. In its detailed and critical
overview, the book demonstrates that the IFIs have important
responsibilities under international law and a powerful capacity to
influence the development of international law in a number of
areas. It is sure to stimulate thought, debate, research, and
action on the topic, and encourage more rigorous engagement between
the IFIs and international lawyers.
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