Sanctions Regimes of Multilateral Development Banks: What Process is Due
Autor Jelena Madiren Limba Engleză Hardback – 4 noi 2020
The book should be of use to scholars, practicing lawyers and legal advisers in government and international organisations, as well as to lawyers whose practice concerns global sanctions and MDBs’ privileges and immunities.
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Specificații
ISBN-13: 9789004395862
ISBN-10: 9004395865
Pagini: 268
Dimensiuni: 155 x 235 mm
Greutate: 1.04 kg
Editura: Brill
Colecția Brill | Nijhoff
ISBN-10: 9004395865
Pagini: 268
Dimensiuni: 155 x 235 mm
Greutate: 1.04 kg
Editura: Brill
Colecția Brill | Nijhoff
Cuprins
Preface and Acknowledgements
Abbreviations
Introduction
1 Origins and Description of Multilateral Development Banks’ Sanctions Regimes
1 Introduction
2 Origins of Multilateral Development Banks’ Sanctions Regimes
AFederal Acquisition Regulation (far)
(I) Causes for Debarment
(II) Suspension
(III) Debarment Procedures
(IV) Judicial Review and Due Process Rights
BEvolution of the World Bank Group’s Sanctions System
(I) First Sanctions Regime
(II) The Thornburgh Report
(III) Expansion of Sanctions Regime beyond Procurement and Launch of the Voluntary Disclosure Programme
(IV) Early Harmonisation Efforts with the Other MDBs
3 Description of Multilateral Development Banks’ Sanctions Regimes
AWorld Bank Group’s Sanctions Regime
(I) Two-step Decision-making Process
(II) Range of Possible Sanctions
(III) Settlements
BInter-American Development Bank’s Sanctions Regime
(I) Early Developments and the Thornburgh Repor
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
(IV) Settlements
CEuropean Bank for Reconstruction and Development’s Sanctions Regime
(I) Early Developments
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
(IV) Settlements
DAfrican Development Bank’s Sanctions Regime
(I) Early Developments
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
(IV) Settlements
EAsian Development Bank’s Sanctions Regime
(I) Early Developments
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
4 Comparison of Multilateral Development Banks’ Sanctions Regimes and the Cross-debarment Regime
AComparison of Multilateral Development Banks’ Sanctions Regimes
B Cross-debarment Regime
5 Conclusion
2 Judicial Review Standards
1 Introduction
2 Judicial Review Standards in the UK
ABases for Judicial Review
BRequired Procedures
(I) Notice
(II) Right to Make Representations: Written or Oral Proceedings?
(III) Right to Call and Cross-examine Witnesses
(IV) Right to Legal Representation
(V) Failure to Give Reasons for the Final Decision
3 Judicial Review Standards in the US
ABases for Judicial Review
BRequired Procedures
4 Conclusion
3 Accountability of International Organisations
1 Introduction
2 Basis of International Organisations’ Immunities
3 Case Law
AUS Courts
BUK Courts
CItalian Courts
DFrench Courts
EBelgian Courts
F Human Rights Dimension and the ECHR
4 Conclusion
4 What Legal Principles Should Form the Basis of the MDBS’ Sanctions Regimes?1 Introduction
2 Customary International Law and General Principles
3 Global Administrative Law
4 Article 6(1) of the European Convention on Human Rights
ACivil Rights
BHearing
CIndependent and Impartial Tribunal
5 Public Judgment/Reasoning of Judicial Decisions
AFair Trial
6 Jurisprudence of Multilateral Development Banks’ Administrative Tribunals
ADiscovery Rights
BOral Hearings and Witnesses
CPublication of Decisions
DComposition of Administrative Tribunals
(I) WBAT
(II) UN Appeals Tribunal
(III) IMF Administrative Tribunal
7 Conclusion
5 Due Process Standards in Multilateral Development Banks’ Sanctions Regimes
1 Introduction
2 Discovery Rights
APermissive Approach and Production of Documents
BExperts’ Reports and Assessment of Evidence
CWitnesses and Oral Hearings
3 Publication of Decisions
4 Referral to National Authorities
5 Composition of Sanctions Boards
ASanctions Board Members’ Independence and Impartiality
BAppointment of Sanctions Board Members
6 Range of Sanctions and Their Proportionality to the Wrongdoing
7 Baseline Sanction
8 Restitution
9 Settlements
10 Conclusion
6 Treatment of Corporate Groups under the Multilateral Development Banks’ Sanctions Regimes
1 Introduction
2 Overview of the Harmonized Principles on Treatment of Corporate Groups
3 Liability of a Company for Its Employees’ Wrongdoings
AUS Law
BUK Law
AApplication of the Foregoing Principles to the MDBS’ Sanctions Procedures
4 Liability of a Parent for Its Subsidiaries’ Wrongdoings
AUS Law
(I) General Approach
(II) Criminal Liability, Including FCPA
(III) Proposals for Reforms of the US System
BUK Law
(I) General Approach
(II) Criminal Liability, Including UK Bribery Act
CApplication of the Foregoing Principles to the MDBS’ Sanctions Procedures
5 Liability of a Subsidiary for Its Parent’s Wrongdoings
AUS and EU Sanctions Regimes
BApplication of the Foregoing Principles to the MDBS’ Sanctions Procedures
6 Successor Liability
AUS Law
BUK Law
CApplication of the Foregoing Principles to the MDBs’ Sanctions Procedures
7 Conclusion
7 Conclusion and Way Forward
Bibliography
Index
Abbreviations
Introduction
1 Origins and Description of Multilateral Development Banks’ Sanctions Regimes
1 Introduction
2 Origins of Multilateral Development Banks’ Sanctions Regimes
AFederal Acquisition Regulation (far)
(I) Causes for Debarment
(II) Suspension
(III) Debarment Procedures
(IV) Judicial Review and Due Process Rights
BEvolution of the World Bank Group’s Sanctions System
(I) First Sanctions Regime
(II) The Thornburgh Report
(III) Expansion of Sanctions Regime beyond Procurement and Launch of the Voluntary Disclosure Programme
(IV) Early Harmonisation Efforts with the Other MDBs
3 Description of Multilateral Development Banks’ Sanctions Regimes
AWorld Bank Group’s Sanctions Regime
(I) Two-step Decision-making Process
(II) Range of Possible Sanctions
(III) Settlements
BInter-American Development Bank’s Sanctions Regime
(I) Early Developments and the Thornburgh Repor
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
(IV) Settlements
CEuropean Bank for Reconstruction and Development’s Sanctions Regime
(I) Early Developments
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
(IV) Settlements
DAfrican Development Bank’s Sanctions Regime
(I) Early Developments
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
(IV) Settlements
EAsian Development Bank’s Sanctions Regime
(I) Early Developments
(II) Two-step Decision-making Process
(III) Range of Possible Sanctions
4 Comparison of Multilateral Development Banks’ Sanctions Regimes and the Cross-debarment Regime
AComparison of Multilateral Development Banks’ Sanctions Regimes
B Cross-debarment Regime
5 Conclusion
2 Judicial Review Standards
1 Introduction
2 Judicial Review Standards in the UK
ABases for Judicial Review
BRequired Procedures
(I) Notice
(II) Right to Make Representations: Written or Oral Proceedings?
(III) Right to Call and Cross-examine Witnesses
(IV) Right to Legal Representation
(V) Failure to Give Reasons for the Final Decision
3 Judicial Review Standards in the US
ABases for Judicial Review
BRequired Procedures
4 Conclusion
3 Accountability of International Organisations
1 Introduction
2 Basis of International Organisations’ Immunities
3 Case Law
AUS Courts
BUK Courts
CItalian Courts
DFrench Courts
EBelgian Courts
F Human Rights Dimension and the ECHR
4 Conclusion
4 What Legal Principles Should Form the Basis of the MDBS’ Sanctions Regimes?1 Introduction
2 Customary International Law and General Principles
3 Global Administrative Law
4 Article 6(1) of the European Convention on Human Rights
ACivil Rights
BHearing
CIndependent and Impartial Tribunal
5 Public Judgment/Reasoning of Judicial Decisions
AFair Trial
6 Jurisprudence of Multilateral Development Banks’ Administrative Tribunals
ADiscovery Rights
BOral Hearings and Witnesses
CPublication of Decisions
DComposition of Administrative Tribunals
(I) WBAT
(II) UN Appeals Tribunal
(III) IMF Administrative Tribunal
7 Conclusion
5 Due Process Standards in Multilateral Development Banks’ Sanctions Regimes
1 Introduction
2 Discovery Rights
APermissive Approach and Production of Documents
BExperts’ Reports and Assessment of Evidence
CWitnesses and Oral Hearings
3 Publication of Decisions
4 Referral to National Authorities
5 Composition of Sanctions Boards
ASanctions Board Members’ Independence and Impartiality
BAppointment of Sanctions Board Members
6 Range of Sanctions and Their Proportionality to the Wrongdoing
7 Baseline Sanction
8 Restitution
9 Settlements
10 Conclusion
6 Treatment of Corporate Groups under the Multilateral Development Banks’ Sanctions Regimes
1 Introduction
2 Overview of the Harmonized Principles on Treatment of Corporate Groups
3 Liability of a Company for Its Employees’ Wrongdoings
AUS Law
BUK Law
AApplication of the Foregoing Principles to the MDBS’ Sanctions Procedures
4 Liability of a Parent for Its Subsidiaries’ Wrongdoings
AUS Law
(I) General Approach
(II) Criminal Liability, Including FCPA
(III) Proposals for Reforms of the US System
BUK Law
(I) General Approach
(II) Criminal Liability, Including UK Bribery Act
CApplication of the Foregoing Principles to the MDBS’ Sanctions Procedures
5 Liability of a Subsidiary for Its Parent’s Wrongdoings
AUS and EU Sanctions Regimes
BApplication of the Foregoing Principles to the MDBS’ Sanctions Procedures
6 Successor Liability
AUS Law
BUK Law
CApplication of the Foregoing Principles to the MDBs’ Sanctions Procedures
7 Conclusion
7 Conclusion and Way Forward
Bibliography
Index
Notă biografică
Jelena Madir is the General Counsel at Gavi, the Vaccine Alliance. Previously, she was a Chief Counsel at the European Bank for Reconstruction and Development (EBRD), where she served as the Secretary of EBRD’s Enforcement Committee for nearly ten years. She has also worked in law firms in Washington, DC, Frankfurt and Zagreb, and is admitted to practice in Washington, DC; England and Wales; and to the Roll of Solicitors in the Republic of Ireland.
Recenzii
"A timely and in-depth comparative study of the development and operation of the sanctions regimes of the MDBs viewed from the perspective of due process. A practical guide to the procedures, range of sanctions and sanctioning practices of MDBs with a blue print for future developments. Of interest to a broad range of practitioners, academics and generally those concerned with anti-corruption initiatives." - Andrés Rigo, Current and former member of several Sanctions Boards
"Jelena Madir’s insightful analysis of the origins, strengths and weaknesses of the sanctioning regimes of the multilateral development banks’ is a significant achievement. She draws attention to the impact these regimes have had on corporate behaviour but raises legitimate questions about the accountability of the organisations that administer these regimes. The author argues convincingly that the MDBs must consider what she calls “enhancements” if these regimes are to withstand growing judicial challenges. Drawing upon customary and international law, national jurisprudence, as well as jurisprudence from the MDBs’ own administrative tribunals, Ms Madir makes a strong case that greater harmonisation and enhancement of due process protections are key to the survival of the MDBs’ ability to safeguard against the misuse of their funds." - Enery Quinones, Former Chief Compliance Officer, European Bank for Reconstruction and Development
"This is a very interesting and well-researched book, that will be of great use for anyone who has an interest in the sanctions regimes of the multilateral development banks." - James Spinner, Former Chair of the World Bank Group Sanctions Board
"Jelena Madir’s insightful analysis of the origins, strengths and weaknesses of the sanctioning regimes of the multilateral development banks’ is a significant achievement. She draws attention to the impact these regimes have had on corporate behaviour but raises legitimate questions about the accountability of the organisations that administer these regimes. The author argues convincingly that the MDBs must consider what she calls “enhancements” if these regimes are to withstand growing judicial challenges. Drawing upon customary and international law, national jurisprudence, as well as jurisprudence from the MDBs’ own administrative tribunals, Ms Madir makes a strong case that greater harmonisation and enhancement of due process protections are key to the survival of the MDBs’ ability to safeguard against the misuse of their funds." - Enery Quinones, Former Chief Compliance Officer, European Bank for Reconstruction and Development
"This is a very interesting and well-researched book, that will be of great use for anyone who has an interest in the sanctions regimes of the multilateral development banks." - James Spinner, Former Chair of the World Bank Group Sanctions Board