Home >
Law >
Banking / Finance >
Fighting Fraud and Corruption at the World Bank: A Critical Analysis of the Sanctions System

Fighting Fraud and Corruption at the World Bank: A Critical Analysis of the Sanctions System

Author: Stefano Manacorda; Costantino Grasso
Publisher: Springer-Verlag
ISBN: 9783319738239
Published In: May 2018
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,462.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

his 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.

The World Bank Sanctions System: Historical Overview and Background

The Evolution of the World Bank Sanctions System

Framing the World Bank's Sanction Power: Sources and Procedure

Respondents, Sanctionable Practices and Attribution of Liability

Defence's Rights and Rule of Evidence

Sanctions and Sentencing Practices.