LEADER 04867nam 22006135 450 001 9910299864203321 005 20200704005509.0 010 $a3-319-73824-0 024 7 $a10.1007/978-3-319-73824-6 035 $a(CKB)4100000004243575 035 $a(DE-He213)978-3-319-73824-6 035 $a(MiAaPQ)EBC5387430 035 $a(PPN)227405781 035 $a(EXLCZ)994100000004243575 100 $a20180504d2018 u| 0 101 0 $aeng 135 $aurnn|008mamaa 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aFighting Fraud and Corruption at the World Bank$b[electronic resource] $eA Critical Analysis of the Sanctions System /$fby Stefano Manacorda, Costantino Grasso 205 $a1st ed. 2018. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2018. 215 $a1 online resource (XXI, 172 p. 12 illus.) 311 $a3-319-73823-2 327 $a1 The World Bank Sanctions System: Historical Overview and Background -- 2 The Evolution of the World Bank Sanctions System -- 3 Framing the World Bank?s Sanction Power: Sources and Procedure -- 4 Respondents, Sanctionable Practices and Attribution of Liability -- 5 Defence's Rights and Rule of Evidence -- 6 Sanctions and Sentencing Practices. 330 $a"This rich and detailed analysis of the World Bank?s sanctions system offers insights on approaches that could improve enforcement in many countries, as well as raising questions about features of the Bank?s system that could benefit from reconsideration." - Jennifer H. Arlen, New York University School of Law - This book focuses on the World Bank?s sanctions system, which is an innovative instrument of global governance implemented by the leading multilateral development bank in order to impose penalties on legal entities and individuals that are involved in Bank-financed projects. Although similar regimes have also been implemented by other regional multilateral development banks, the World Bank?s legal framework is currently the most comprehensive one. The book offers a rich and detailed analysis of the sanctions system, presenting an in-depth examination of all the phases of its procedure with a special focus on key aspects such as the criteria for assigning liability to legal entities and corporate groups, as well as the World Bank?s jurisdictional reach over non-contractors. The book also explores the compatibility between the legal framework implemented by the Bank and the rule of law, the role of precedents, and the level of due process. It highlights the fact that the sanctions system is currently characterized by a lack of legal guarantees, and that there are compelling reasons for supporting the argument that due process safeguards should be applied to it in their entirety. To that end, the book conducts a thorough analysis of specific procedural aspects such as the right to a hearing, the right to evidence disclosure, the time limit regime, the standard of proof and shift of the burden of proof, the evidential value of a party?s silence, and the consistency and predictability of the World Bank?s sentencing practice. The study is conducted on the basis of a detailed and painstaking examination of the most relevant decisions taken by the Sanctions Board, providing the first-ever commentary on the World Bank?s case law. 606 $aInternational law 606 $aTrade 606 $aInternational economics 606 $aPrivate international law 606 $aConflict of laws 606 $aFinance 606 $aInternational Economic Law, Trade Law$3https://scigraph.springernature.com/ontologies/product-market-codes/R19050 606 $aInternational Economics$3https://scigraph.springernature.com/ontologies/product-market-codes/W33000 606 $aPrivate International Law, International & Foreign Law, Comparative Law $3https://scigraph.springernature.com/ontologies/product-market-codes/R14002 606 $aFinance, general$3https://scigraph.springernature.com/ontologies/product-market-codes/600000 615 0$aInternational law. 615 0$aTrade. 615 0$aInternational economics. 615 0$aPrivate international law. 615 0$aConflict of laws. 615 0$aFinance. 615 14$aInternational Economic Law, Trade Law. 615 24$aInternational Economics. 615 24$aPrivate International Law, International & Foreign Law, Comparative Law . 615 24$aFinance, general. 676 $a343.07 700 $aManacorda$b Stefano$4aut$4http://id.loc.gov/vocabulary/relators/aut$0519970 702 $aGrasso$b Costantino$4aut$4http://id.loc.gov/vocabulary/relators/aut 906 $aBOOK 912 $a9910299864203321 996 $aFighting Fraud and Corruption at the World Bank$91935954 997 $aUNINA