the bank s evolving approach to governance issues frank fariello lead counsel n.
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  1. 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

  2. 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

  3. 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*

  4. 1990 Shihata Legal Memorandum • Seminal thinking on the Bank’s work on GAC issues • A critical historical document that set the stage for subsequent legal thinking on GAC issues • But it relied itself on examining: • Legislative Intent • Past practice • Particularly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’

  5. 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