The bank s evolving approach to governance issues frank fariello lead counsel
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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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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

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

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


Sailing back to the future history and policy making at the world bank

  • 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  • A critical historical document that set the stage for subsequent legal thinking on GAC issues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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