the bank s evolving approach to governance issues frank fariello lead counsel
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Sailing back to the future: history and policy making at the World Bank

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The Bank’s Evolving Approach to Governance Issues Frank Fariello, Lead Counsel. Sailing back to the future: history and policy making at the World Bank. Articles of Agreement. The World Bank’s ‘constitution’; provides the basic legal framework for its work

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Presentation Transcript
articles of agreement
Articles of Agreement
  • The World Bank’s ‘constitution’; provides the basic legal framework for its work
  • EDs are the ultimate interpreters of the Articles, but the GC has a key role to play
  • Key provisions re: GAC include:
    • Purposes (Mandate)
    • Political Prohibition
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Opinions of the GC interpreting the Articles have been essential to providing legal grounding for the Bank’s evolution on GAC issues:

    • Shihata’s 1990 Legal Memorandum on Governance*
    • Shihata’s 1995 Legal Opinion on Political Prohibition
    • 2002 and 2004 Legal Notes on AML/CFT
    • 2009 Guidance Note on Multi-stakeholder Engagement
    • 2012 Legal Note on Engagement in the Criminal Justice Sector*
1990 shihata legal memorandum
1990 Shihata Legal Memorandum
  • Seminal thinking on the Bank’s work on GAC issues
  • A critical historical document that set the stage for subsequent legal thinking on GAC issues
  • But it relied itself on examining:
    • Legislative Intent
    • Past practice
  • Particularly important intellectual breakthroughs:
    • Placing many GAC issues within the Bank’s purposes/mandate
    • Re-framing the issue of what is ‘political’ vs ‘economic’
2012 cj legal note
2012 CJ Legal Note
  • Builds on Shihata’s seminal thinking, but modifies his tests based on lessons learned, evolving understanding of development rationale for CJ work
  • Archives were critical in documenting the Bank’s actual experience in CJ sector and in evolving legal position
  • Traces the evolution of thinking in the area of governance over time—a close study of the historical record provided our path forward
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