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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.
In 2020, the World Bank established the Dispute Resolution Services (DRS) to address complaints related to its projects through meditation, fact-finding, and similar methods. This chapter evaluates how the DRS should improve the right of access to remedy for project-affected people. First, the chapter identifies the legal and policy standards against which the DRS must be evaluated. The right of access provided by the Bank through the Inspection Panel’s compliance review process has three pillars: accessibility, effectiveness, and independence. Since the DRS aimed to enhance this right, drawing from best practices in dispute resolution, it must offer greater protections for affected people than the Panel process. Second, the chapter suggests improvements to the DRS. To increase accessibility, the Bank should enhance procedural protections and participation opportunities for affected people. To increase effectiveness, the Bank must clarify the minimum threshold for acceptable remedies and provide mandatory verification of party agreements. To increase independence, the Bank should offer more options for sequencing compliance review and dispute resolution processes.
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