Overview
Presents the first comprehensive commentary on the Sanctions Board’s decisions
Pursues an innovative approach, consisting of a combined analysis of substantive and procedural legal questions, and of the judgments issued by the Sanctions Board
Offers an accurate and critical analysis of the most significant legal questions posed by the use of the sanctions system, and underlines its current lack of legal guarantees
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Table of contents (6 chapters)
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Front Matter
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Back Matter
Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Fighting Fraud and Corruption at the World Bank
Book Subtitle: A Critical Analysis of the Sanctions System
Authors: Stefano Manacorda, Costantino Grasso
DOI: https://doi.org/10.1007/978-3-319-73824-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG, part of Springer Nature 2018
Hardcover ISBN: 978-3-319-73823-9Published: 18 May 2018
Softcover ISBN: 978-3-030-08863-7Published: 14 December 2018
eBook ISBN: 978-3-319-73824-6Published: 04 May 2018
Edition Number: 1
Number of Pages: XXI, 172
Number of Illustrations: 12 b/w illustrations
Topics: International Economic Law, Trade Law, International Economics, Private International Law, International & Foreign Law, Comparative Law , Finance, general