1 / 5

Sailing back to the future: history and policy making at the World Bank

The Bank’s Evolving Approach to Governance Issues Frank Fariello, Lead Counsel. Sailing back to the future: history and policy making at the World Bank. Articles of Agreement. The World Bank’s ‘constitution’; provides the basic legal framework for its work

lyneth
Download Presentation

Sailing back to the future: history and policy making at the World Bank

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Bank’s Evolving Approach to Governance Issues Frank Fariello, Lead Counsel Sailing back to the future: history and policy making at the World Bank

  2. Articles of Agreement • The World Bank’s ‘constitution’; provides the basic legal framework for its work • EDs are the ultimate interpreters of the Articles, but the GC has a key role to play • Key provisions re: GAC include: • Purposes (Mandate) • Political Prohibition

  3. Opinions of the GC interpreting the Articles have been essential to providing legal grounding for the Bank’s evolution on GAC issues: • Shihata’s 1990 Legal Memorandum on Governance* • Shihata’s 1995 Legal Opinion on Political Prohibition • 2002 and 2004 Legal Notes on AML/CFT • 2009 Guidance Note on Multi-stakeholder Engagement • 2012 Legal Note on Engagement in the Criminal Justice Sector*

  4. 1990 Shihata Legal Memorandum • Seminal thinking on the Bank’s work on GAC issues • A critical historical document that set the stage for subsequent legal thinking on GAC issues • But it relied itself on examining: • Legislative Intent • Past practice • Particularly important intellectual breakthroughs: • Placing many GAC issues within the Bank’s purposes/mandate • Re-framing the issue of what is ‘political’ vs ‘economic’

  5. 2012 CJ Legal Note • Builds on Shihata’s seminal thinking, but modifies his tests based on lessons learned, evolving understanding of development rationale for CJ work • Archives were critical in documenting the Bank’s actual experience in CJ sector and in evolving legal position • Traces the evolution of thinking in the area of governance over time—a close study of the historical record provided our path forward

More Related