Human Rights Obligations of the World Bank and the IMFThis book explores the human rights obligations of two of the largest international financial institutions, namely, the World Bank and the International Monetary Fund. Based on international legal methodology, this book addresses these two institutions in public international law, and assesses the extent to which international law provides foundations for obligations in the field of human rights. This book analyses any possible obligations related to the effect of the two institutions own programmes and projects. The core of this analysis is focused on the two institutions international legal personality, and addresses their relationship to international law as legal subjects, rather than as a collectivity of states with international legal personality. Building on the traditional sources of international law, such as customary international law, general principles of international law and treaty law, the book concludes that the two institutions are under an obligation to respect human rights in their operations. This implies that they will break their obligations if they make the human rights situation worse as a result of their programmes or projects. It also concludes that the World Bank and the IMF are not under obligations to promote or fulfil human rights, but that they may legitimately do so if they can do it within their Articles of Agreement (the treaties establishing the institutions). The book also looks at the practical implications of the obligation to respect, which involves both substantial and procedural obligations. These obligations will, even if limited in their scope, imply that the two institutions need to include human rights checks in the planning, implementation and evaluation stages of projects and programmes. The final part of the book looks at redress possibilities in situations where either of the two institutions may be in breach of their human rights obligations |
What people are saying - Write a review
We haven't found any reviews in the usual places.
Contents
INTRODUCTION | 1 |
THE WORLD BANK AND THE INTERNATIONAL | 15 |
MEMBER STATES | 28 |
PRACTICAL | 43 |
THE WORLD BANK AND THE IMFS RELATIONSHIP | 63 |
ACCORDING TO INTERNATIONAL LAW | 80 |
INTERNATIONAL HUMAN RIGHTS LAW | 93 |
SOURCES OF INTERNATIONAL HUMAN | 111 |
Other editions - View all
Common terms and phrases
actors Alston Articles of Agreement Bank’s Civil and Political co-operation Commission Committee on Economic Convention on Human Cultural Rights customary international law customary law Declaration of Human discussion domestic Economic and Social ensure environmental established fulfil Fund guaranteed human rights issues human rights law human rights obligations human rights situation Ibid IMF’s immunity implementation imply Inspection Panel institutions International Covenant international human rights International Law Commission international legal personality International Monetary Fund international organisations interpretation jus cogens Law of Treaties legal obligations norms obligation holder obligation to respect parties policies Political Rights Covenant principles of international procedural obligations promote provisions public international law ratified recognised relationship agreements right to development right to food role Schermers and Blokker Shihata Simma Social and Cultural Social Council Social Rights Covenant specialised agencies specific status structural adjustment UN Charter United Nations Charter Universal Declaration violations World Bank