Fighting Fraud and Corruption at the World Bank
A Critical Analysis of the Sanctions System
Authors: Manacorda, Stefano, Grasso, Costantino
Free Preview- Presents the first comprehensive commentary on the Sanctions Board’s decisions
- Pursues an innovative approach, consisting of a combined analysis of substantive and procedural legal questions, and of the judgments issued by the Sanctions Board
- Offers an accurate and critical analysis of the most significant legal questions posed by the use of the sanctions system, and underlines its current lack of legal guarantees
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- About this book
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This 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.
- Table of contents (6 chapters)
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The World Bank Sanctions System: Historical Overview and Background
Pages 1-30
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The Evolution of the World Bank Sanctions System
Pages 31-42
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Framing the World Bank’s Sanction Power: Sources and Procedure
Pages 43-76
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Respondents, Sanctionable Practices, and Attribution of Liability
Pages 77-101
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Defense’s Rights and Rule of Evidence
Pages 103-128
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Table of contents (6 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Fighting Fraud and Corruption at the World Bank
- Book Subtitle
- A Critical Analysis of the Sanctions System
- Authors
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- Stefano Manacorda
- Costantino Grasso
- Copyright
- 2018
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer International Publishing AG, part of Springer Nature
- eBook ISBN
- 978-3-319-73824-6
- DOI
- 10.1007/978-3-319-73824-6
- Hardcover ISBN
- 978-3-319-73823-9
- Softcover ISBN
- 978-3-030-08863-7
- Edition Number
- 1
- Number of Pages
- XXI, 172
- Number of Illustrations
- 12 b/w illustrations
- Topics
