International financial institutions and sustainable development : lawmaking and accountability / Johanna Aleria P. Lorenzo.

Format:

Book

Author/Creator:

Lorenzo, Johanna Aleria P., author.

Series:

Cambridge international trade and economic law.

Cambridge international trade and economic law

Language:

English

Subjects (All):

Financial institutions, International--Law and legislation.

Financial institutions, International.

Sustainable development--Law and legislation.

Sustainable development.

Physical Description:

1 online resource (xvii, 251 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2025.

Summary:

Balancing theoretical and practice-oriented elements, this book introduces researchers, teachers, and students in international sustainable development law to the IFIs' safeguard policies. It also scrutinizes the case law of independent accountability mechanisms that interpret those policies and afford recourse to individuals and communities adversely affected by development projects. The book's focus on the procedural and substantive features of IFIs' safeguard systems contributes to a more concrete understanding of these organizations' participation in the international lawmaking process on sustainable development. It puts IFIs in the spotlight and provides an international legal critique of their activities to match their notoriety in popular consciousness and to enhance their accountability to those they harm. By approaching international (economic) law and sustainable development through the lens of economic, environmental, and social issues arising in development projects primarily in the Global South, the book presents a needed counterbalance to existing literature on the topic.

Contents:

Cover

Half-title

Series information

Title page

Imprints page

Dedication

Table of Contents

Acknowledgments

Introduction: Situating (Sustainable) Development and Non-State Actors in International Law

Approaching the Materials and Why

What the Book Offers

Terminology and Usage

I.1 Sustainable Development: What's International Law Got to Do with It?

I.1.1 Finding Content

I.1.2 Moving beyond Pedigree

I.2 Non-State Actor Participation and Alternative Views of International Law

I.2.1 Process

I.2.2 Pluralist

I.3 International Organizations as Lawmakers

Structure of the Book

1 Sustainability's Journey: Snapshots from Stockholm, Rio, Copenhagen, The Hague, Johannesburg, and New York

1.1 Ideation and Conversations

1.2 Conflicts and Adjudication

1.3 Fellow Travelers from Other Eras

1.3.1 Right to Development

1.3.2 New International Economic Order

2 Detour to Bretton Woods: Reconstructing the International Bank for Sustainable Development

2.1 From Reconstruction to Development

2.1.1 Short Institutional History

2.1.2 A Survey of Bank Documents

2.2 From Development to Sustainable Development

2.2.1 Interpretation of Constituent Instruments

2.2.2 The Bank's Constitution

2.2.2.1 Authority to Interpret

2.2.2.2 Object and Purpose: ''Development''

2.2.2.3 Political Activity Prohibition: ''Economic'' v. ''Political''?

2.3 Evolution by Interpretation

3 Public Participation and Integration: Procedural and Substantive Principles of Sustainable Development

3.1 Sustainable Development Principles

3.1.1 Integration

3.1.2 Public Participation

3.2 Procedure and Substance of Sustainability

4 Safeguard Systems: Legal Institutional Framework for Sustainability of Development Projects

4.1 Environmental and Social Policies.

4.1.1 Environmental Assessment

4.1.2 Indigenous Peoples

4.1.3 Involuntary Resettlement

4.2 Independent Accountability Mechanisms

4.2.1 Compliance Review

4.2.2 Dispute Resolution

4.2.3 Advice-Giving

5 IFIs as Lawmakers I: Hardening International ''Soft'' Law on Sustainable Development and Externalizing ''Internal'' Law on Development Finance

5.1 Functional International Lawmaking in Development Finance

5.1.1 IFIs: Elaboration and Clarification of International Norms

5.1.1.1 Free, Prior, and Informed Consent

5.1.1.2 Environmental Assessment as Integration Tool

5.1.2 Accountability Mechanisms: Interpretation and Application of Safeguard Policies

5.1.3 Project-Affected People: Invocation and Enforcement of Rights

5.2 (Un)Sustainable Development Projects

5.3 Participation, Integration, Sustainability: Redux

6 IFIs as Lawmakers II: Harmonizing and Coordinating toward a Droit Commun on Sustainable Development

6.1 Standard-Setting and Emerging Droit Commun on Sustainable Development

6.2 Safeguards Harmonization and Cooperation among Accountability Mechanisms

6.2.1 Convergence of Safeguard Policies

6.2.1.1 Environmental Assessment

6.2.1.2 Involuntary Resettlement

6.2.1.3 Indigenous Peoples

6.2.1.4 Consultation and Information Disclosure

6.2.2 Coordination among Independent Accountability Mechanisms

6.2.2.1 Mandate and Procedures for Cooperation

6.2.2.2 Co-financed (Un)Sustainable Development Projects

6.2.2.3 Shared Principles

6.3 Implications of Droit Commun in Development Finance

7 Institutional Lawmaking and International Legal Accountability: Finding Remedies for (Un)Sustainable Development Projects

7.1 Accountability of International Financial Institutions

7.1.1 Reframing IAMs' Role within the Safeguard Systems

7.1.1.1 Rationale for Establishment.

7.1.1.2 Functions of IAMs

7.1.2 Identifying the Normative Standards

7.1.2.1 Do No Harm

7.1.2.2 Due Diligence

7.1.2.3 Right to Remedy

7.2 Responsibility of International Organizations

7.2.1 Rationale and Scope of the Articles

7.2.2 Salient Provisions for IFIs

7.2.2.1 Lex specialis

7.2.2.2 ''Rules of the Organization''

7.2.2.3 Responsibility of Multiple Actors

7.3 Accountability Mechanisms and the Articles: Convergence and Divergence

7.3.1 Noncompliance/Breach

7.3.2 Harm or Damage

7.3.3 Standing/Invocation

7.3.4 Remedies/Consequences

7.3.5 Opportunity to Learn

7.4 Summing Up

Conclusion: A Place for Accountable Non-State Actor Participation in International Sustainable Development Lawmaking

Index.

Notes:

Title from publisher's bibliographic system (viewed on 09 Jun 2025).

ISBN:

1-009-40731-7

1-009-40727-9

1-009-40728-7