Responsibility and Accountability of International Organisations The case of the World Bank Koen DE FEYTER Koen. defeyter@ua. ac. be Séminaire CATDM, Bruxelles, 26 Novembre 2010
Responsibility and Accountability n Legal Responsibility for an internationally wrongful act n Obligation to justify conduct; n Breach of an international obligation; n Conduct to be tested against previously published rules; n Attribution of conduct to the international organisation; n Determination by a court of law; n Full reparation for injury n n Monitoring by a credible compliance mechanism; Consequences when conduct not in compliance with rules
UN Charter, Art. 105 n The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes. n Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization.
Article VII, 3 Articles of Agreement IBRD n Actions may be brought against the Bank only in a court of competent jurisdiction in the territories of a member in which the Bank has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities. No actions shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the Bank shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Bank.
Accountability: Inspection Panel World Bank n The Inspection Panel is a three-member body created in 1993 to provide an independent forum to private citizens who believe that they or their interests have been or could be directly harmed by a project financed by the World Bank n Forty two formal requests have been received since Panel operations began in September 1994. The texts of Panel reports are publicly available n At minimum, requesters must show in writing that: - They live in the project area (or represent people who do) and are likely to be affected adversely by project activities. - They believe that actual or likely harm results from failure by the Bank to follow its policies and procedures. - Their concerns have been discussed with Bank management and they are not satisfied with the outcome. When the Panel finishes an investigation, it sends its findings to the Board and to Bank Management. n Bank Management then has six weeks to submit its recommendations to the Board on what actions the Bank should take in response to the Panel's findings. Based on the Panel's findings and Bank Management's recommendations, the Board takes the final decision on what should be done.
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