Now also available as eBook, click
here to buy and download your copy
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.