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IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility

People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower count...

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Main Author: Atta, Sara Mohamed Osama Abdalla
Format: Thesis
Published: AUC Knowledge Fountain 2021
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access_status_str Open Access
author Atta, Sara Mohamed Osama Abdalla
author_browse Atta, Sara Mohamed Osama Abdalla
author_facet Atta, Sara Mohamed Osama Abdalla
author_sort Atta, Sara Mohamed Osama Abdalla
collection Thesis
description People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads to impeding the government’s ability to fulfill their international obligations to provide certain rights to their citizens. On the other hand, there are no available legal remedies for private individuals neither in the international sphere or the domestic one. Internationally, IFIs flee responsibility for the consequences of their policies in the borrower countries by escaping behind the lack of adequate internal remedy mechanisms within these institutions and behind the controversial adherence of the these institutions to the right to remedy established under customary international law and to human rights. Domestically, these institutions cannot be held accountable before domestic courts of the borrower country as they enjoy immunity. So the burden of responsibility for the consequences of policies and conditionality imposed by IFIs is shifted from the institution to the administrative bodies of the borrower state who implement the conditionality of the institutions. This paper argues that private individuals suffer from the negative consequences of loans conditionality given by IFIs by causing negative economic effects leading to violations to the rights of private individuals that are supposed to be guaranteed by international conventions due to the burden placed upon the borrower country. It further argues that the lack of remedies deprives private individuals of their rights, as a right with no remedy is no right at all.
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institution American University in Cairo (Egypt)
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
publishDate 2021
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spelling oai:fount.aucegypt.edu:etds-2724 IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility Atta, Sara Mohamed Osama Abdalla People often think that IFIs, such as the World Bank and the International Monetary Fund are prominent players in the global economy by providing funds to countries in need of development and sustainment of welfare, unfortunately these institutions can cause devastating effects in the borrower country. The harsh conditionality of the IMF plays a huge role in the negative economic consequences incumbent upon the borrower country. Meanwhile, the lack of legal remedies for private individuals suffering from the conditionality aggravates the consequences for these people. On the one hand, conditionality may strain the economy of the borrower country which leads to impeding the government’s ability to fulfill their international obligations to provide certain rights to their citizens. On the other hand, there are no available legal remedies for private individuals neither in the international sphere or the domestic one. Internationally, IFIs flee responsibility for the consequences of their policies in the borrower countries by escaping behind the lack of adequate internal remedy mechanisms within these institutions and behind the controversial adherence of the these institutions to the right to remedy established under customary international law and to human rights. Domestically, these institutions cannot be held accountable before domestic courts of the borrower country as they enjoy immunity. So the burden of responsibility for the consequences of policies and conditionality imposed by IFIs is shifted from the institution to the administrative bodies of the borrower state who implement the conditionality of the institutions. This paper argues that private individuals suffer from the negative consequences of loans conditionality given by IFIs by causing negative economic effects leading to violations to the rights of private individuals that are supposed to be guaranteed by international conventions due to the burden placed upon the borrower country. It further argues that the lack of remedies deprives private individuals of their rights, as a right with no remedy is no right at all. 2021-12-23T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/1727 https://fount.aucegypt.edu/context/etds/article/2724/viewcontent/IMFs_Loan_Conditionality_Negative_Consequences_in_the_Borrower.pdf Theses and Dissertations AUC Knowledge Fountain IFIs IMF World Bank International Accountability Customary International Law Human Rights Right to Health ICESCR State Council Supreme Constitutional Court Health Law and Policy Human Rights Law International Law Law
spellingShingle IFIs
IMF
World Bank
International Accountability
Customary International Law
Human Rights
Right to Health
ICESCR
State Council
Supreme Constitutional Court
Health Law and Policy
Human Rights Law
International Law
Law
Atta, Sara Mohamed Osama Abdalla
IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility
title IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility
title_full IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility
title_fullStr IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility
title_full_unstemmed IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility
title_short IMF's Loan Conditionality: Negative Consequences in the Borrower Country and the Burden of Responsibility
title_sort imf s loan conditionality negative consequences in the borrower country and the burden of responsibility
topic IFIs
IMF
World Bank
International Accountability
Customary International Law
Human Rights
Right to Health
ICESCR
State Council
Supreme Constitutional Court
Health Law and Policy
Human Rights Law
International Law
Law
url https://fount.aucegypt.edu/etds/1727
https://fount.aucegypt.edu/context/etds/article/2724/viewcontent/IMFs_Loan_Conditionality_Negative_Consequences_in_the_Borrower.pdf
work_keys_str_mv AT attasaramohamedosamaabdalla imfsloanconditionalitynegativeconsequencesintheborrowercountryandtheburdenofresponsibility