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Legal accountability of international financial institutions in financing development

Thesis (LLD)--University of Pretoria, 2018.

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Other Authors: Bradlow, Daniel David
Format: Thesis
Language:English
Published: University of Pretoria 2018
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access_status_str Open Access
author2 Bradlow, Daniel David
author_browse Bradlow, Daniel David
author_facet Bradlow, Daniel David
collection Thesis
dc_rights_str_mv © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Thesis (LLD)--University of Pretoria, 2018.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2018
publishDateRange 2018
publishDateSort 2018
publisher University of Pretoria
publisherStr University of Pretoria
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spelling oai:repository.up.ac.za:2263/67776 Legal accountability of international financial institutions in financing development Bradlow, Daniel David lukanda2000@yahoo.fr Lukanda, Kapwadi Francky Unrestricted UCTD Thesis (LLD)--University of Pretoria, 2018. This study interrogated the softness and hardness of the law of IFIs to determine the extent to which underlying accountability mechanisms have achieved or failed to achieve the level of accountability and justice expected by affected non-state third parties. It also aimed at investigating the process of financing for development in order to further the understanding of the challenges of holding IFIs to account for the unintended consequences of the projects they have funded. The study critically examined the legal accountability mechanisms of selected IFIs at the institutional, international, and domestic levels to highlight their strengths and weaknesses. The study showed that the robustness, practicability, and comprehensiveness of the standards against which the performance of IFIs is assessed are the determining factors of a better accountability process outcome. An outcome which truly advances the interests of an account holder without diluting his/her/it legally protected rights. However, the legal framework of IFI-operations does not provide the same standard of protections to IFIs, their clients, and affected non-state third parties. While the first two categories of stakeholders seem to enjoy a robust protection, laws and policies have been used sparingly regarding the protection of the last category of stakeholders. The weakness of the standards that apply to affected non-state third parties during the design, appraisal, and implementation of IFI-funded projects does not enhance a prospect of an accountability process outcome which truly advances the interest of this category of stakeholders. The study made some recommendations, including a shift in the focus of existing laws and policies towards a greater protection of the interests of affected non-state third parties. It also recommended the inclusion of community development agreements in the overall project structure to ensuring that affected non-state third parties and other local stakeholders benefit from an IFI-funded project. Centre for Human Rights LLD Unrestricted 2018-12-05T08:04:54Z 2018-12-05T08:04:54Z 2009/06/18 2018 Thesis Lukanda, KF 2018, Legal accountability of international financial institutions in financing development, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/67776> S2018 http://hdl.handle.net/2263/67776 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Unrestricted
UCTD
Legal accountability of international financial institutions in financing development
title Legal accountability of international financial institutions in financing development
title_full Legal accountability of international financial institutions in financing development
title_fullStr Legal accountability of international financial institutions in financing development
title_full_unstemmed Legal accountability of international financial institutions in financing development
title_short Legal accountability of international financial institutions in financing development
title_sort legal accountability of international financial institutions in financing development
topic Unrestricted
UCTD
url http://hdl.handle.net/2263/67776