Description
Book SynopsisThe World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands. Human rights law is 'living law' and has changed over time, as have international financial institutions, despite their sometimes static approach to their own mandates. However, the World Bank Group and the International Monetary Fund are both starting to recognize more and more the relevance of human rights to the fulfilment of their respective mandates, even if they still maintain, be it to different degrees, that international human rights law is only partly applicable to them. This publication argues that this position is no longer tenable and that human rights law does in fact apply to both international financial institutions.
Table of ContentsCONTENTSPreface List of abbreviations Chapter 1. Introduction Chapter 2. IFIs Positioning Themselves in the Human Rights Field 2.1. Official WBG position 2.2. Official IMF positionChapter 3. Applicable Human Rights Obligations 3.1. Introduction3.2. The links between IFI mandates and international human rights law 3.3. Incorporating IFIs in the domain of international human rights law 3.4. The 'political prohibition' on the World Bank 3.5. Human rights obligations of States acting in the context of IFIs 3.6. Obligations following from (legal) relationships between the IFIs and private subcontractors Chapter 4. Attributing Unlawful Conduct to IFIs and their Member States 4.1. Attribution and responsibility 4.2. 'In control' 4.3. Primary, subsidiary and shared responsibility Chapter 5. Accountability and Redress 5.1. Substantive and procedural standards 5.2. Human rights impact assessment 5.3. Existing IFI accountability mechanisms 5.4. Arbitration, mediation and dialogue-based conflict resolution Chapter 6. Concluding remarks Annex I. Tilburg-GLOTHRO Guiding Principles on the World Bank Group, the International Monetary Fund and Human Rights Annex II. Draft Articles on the Responsibility of States for Internationally Wrongful Acts (2001) (excerpts) Annex III. Draft Articles on the Responsibility of International Organizations (2011) (excerpts) Annex IV. Maastricht Principles on Extraterritorial Obligations ofStates in the area of Economic, Social and Cultural Rights (2011) (excerpts) Annex V. UN Guiding Principles on Business and Human Rights (2011) (excerpts) Bibliography
