Sanctions regimes of multilateral development banks : what process is due / Jelena Madir.

Format:

Book

Author/Creator:

Madir, Jelena, author.

Language:

English

Subjects (All):

Economic sanctions.

European Court of Human Rights.

Physical Description:

1 online resource.

Place of Publication:

Leiden, The Netherlands : BRILL, [2021]

Summary:

In Sanctions Regimes of Multilateral Development Banks: What Process is Due , Jelena Madir examines the type of due process rights that should characterise sanctions regimes of multilateral development banks (MDBs) By benchmarking against comparable regimes, including the jurisprudence of the European Court of Human Rights and administrative tribunals of international organisations, the author analyses the extent to which MDBs' sanctions regimes should be bound by the rules of law, analogous to those of national judicial bodies, and the level of due process and transparency that should be required from these ever-evolving regimes that are generally immune from judicial review. The book should be of use to scholars, practicing lawyers and legal advisers in government and international organisations, as well as to lawyers whose practice concerns global sanctions and MDBs' privileges and immunities.

Contents:

Preface and Acknowledgements

Abbreviations

Introduction

1 Origins and Description of Multilateral Development Banks' Sanctions Regimes

1 Introduction

2 Origins of Multilateral Development Banks' Sanctions Regimes

A Federal Acquisition Regulation (far)

(I) Causes for Debarment

(II) Suspension

(III) Debarment Procedures

(IV) Judicial Review and Due Process Rights

B Evolution of the World Bank Group's Sanctions System

(I) First Sanctions Regime

(II) The Thornburgh Report

(III) Expansion of Sanctions Regime beyond Procurement and Launch of the Voluntary Disclosure Programme

(IV) Early Harmonisation Efforts with the Other MDBs

3 Description of Multilateral Development Banks' Sanctions Regimes

A World Bank Group's Sanctions Regime

(I) Two-step Decision-making Process

(II) Range of Possible Sanctions

(III) Settlements

B Inter-American Development Bank's Sanctions Regime

(I) Early Developments and the Thornburgh Repor

(II) Two-step Decision-making Process

(III) Range of Possible Sanctions

(IV) Settlements

C European Bank for Reconstruction and Development's Sanctions Regime

(I) Early Developments

D African Development Bank's Sanctions Regime

E Asian Development Bank's Sanctions Regime

4 Comparison of Multilateral Development Banks' Sanctions Regimes and the Cross-debarment Regime

A Comparison of Multilateral Development Banks' Sanctions Regimes

B Cross-debarment Regime

5 Conclusion

2 Judicial Review Standards

1 Introduction.

2 Judicial Review Standards in the UK

A Bases for Judicial Review

B Required Procedures

(I) Notice

(II) Right to Make Representations: Written or Oral Proceedings?

(III) Right to Call and Cross-examine Witnesses

(IV) Right to Legal Representation

(V) Failure to Give Reasons for the Final Decision

3 Judicial Review Standards in the US

4 Conclusion

3 Accountability of International Organisations

2 Basis of International Organisations' Immunities

3 Case Law

A US Courts

B UK Courts

C Italian Courts

D French Courts

E Belgian Courts

F Human Rights Dimension and the ECHR

4 What Legal Principles Should Form the Basis of the MDBS' Sanctions Regimes? 1 Introduction

2 Customary International Law and General Principles

3 Global Administrative Law

4 Article 6(1) of the European Convention on Human Rights

A Civil Rights

B Hearing

C Independent and Impartial Tribunal

5 Public Judgment/Reasoning of Judicial Decisions

A Fair Trial

6 Jurisprudence of Multilateral Development Banks' Administrative Tribunals

A Discovery Rights

B Oral Hearings and Witnesses

C Publication of Decisions

D Composition of Administrative Tribunals

(I) WBAT

(II) UN Appeals Tribunal

(III) IMF Administrative Tribunal

7 Conclusion

5 Due Process Standards in Multilateral Development Banks' Sanctions Regimes

2 Discovery Rights

A Permissive Approach and Production of Documents

B Experts' Reports and Assessment of Evidence

C Witnesses and Oral Hearings

3 Publication of Decisions

4 Referral to National Authorities

5 Composition of Sanctions Boards

A Sanctions Board Members' Independence and Impartiality

B Appointment of Sanctions Board Members.

6 Range of Sanctions and Their Proportionality to the Wrongdoing

7 Baseline Sanction

8 Restitution

9 Settlements

10 Conclusion

6 Treatment of Corporate Groups under the Multilateral Development Banks' Sanctions Regimes

2 Overview of the Harmonized Principles on Treatment of Corporate Groups

3 Liability of a Company for Its Employees' Wrongdoings

A US Law

B UK Law

A Application of the Foregoing Principles to the MDBS' Sanctions Procedures

4 Liability of a Parent for Its Subsidiaries' Wrongdoings

(I) General Approach

(II) Criminal Liability, Including FCPA

(III) Proposals for Reforms of the US System

(II) Criminal Liability, Including UK Bribery Act

C Application of the Foregoing Principles to the MDBS' Sanctions Procedures

5 Liability of a Subsidiary for Its Parent's Wrongdoings

A US and EU Sanctions Regimes

B Application of the Foregoing Principles to the MDBS' Sanctions Procedures

6 Successor Liability

C Application of the Foregoing Principles to the MDBs' Sanctions Procedures

7 Conclusion and Way Forward

Bibliography

Index.

Notes:

Based on authors's thesis (doctoral - University of Westminster).

Description based on print version record.

Includes bibliographical references and index.

ISBN:

90-04-41412-6

Publisher Number:

10.1163/9789004414129 DOI