Law, Justice, and Development
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The Law, Justice, and Development series is offered by the Legal Vice Presidency of the World Bank to provide insights into aspects of law and justice that are relevant to the development process. Works in the series present new legal and judicial reform activities related to the World Bank’s work, as well as analyses of domestic and international law. The series is intended to be accessible to a broad audience as well as to legal practitioners.
Items in this collection
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Publication
The World Bank Legal Review, Volume 7. Financing and Implementing the Post-2015 Development Agenda: The Role of Law and Justice Systems
( 2016-09-06)The newly adopted post-2015 development agenda is centered on 17 sustainable development goals to be reached by 2030. This volume of the World Bank Legal Review looks at how law and justice systems can support the financing and implementation of these goals, including the role of the rule of law and economic and social rights. The contributors, including legal scholars, development practitioners, and financial experts, analyze the goals, explore ways in which they can be achieved, and examine ways that recent relevant law and justice programs have worked. A wide array of topics are covered, from the legal aspects of collecting and monitoring vital data, to improving legal identity programs, to creating innovative health care regulation, to legal and judicial reform, to providing private sector–financing of public education projects to the provision of global public goods. Additionally, a special section on Europe looks at financial crisis management, enforcement of court decisions and the workings of the European Court of Justice. The opportunities and challenges of the 2030 agenda are many. This volume looks at both from multiple perspectives, demonstrating how sustainable development can go forward in a way in which everyone benefits. -
Publication
The World Bank Legal Review, Volume 4 : Legal Innovation and Empowerment for Development
(Washington, DC: World Bank, 2013)The World Bank legal review gathers this input from around the world and compiles it into a useful resource for all development practitioners and scholars. The subtitle of this volume, legal innovation and empowerment for development, highlights how the law can respond to the chal-lenges posed to development objectives in a world slowly emerging from an economic crisis. The focus on innovation is a call for new, imaginative strategies and ways of thinking about what the law can do in the development realm. The focus on empowerment is a deliberate attempt to place the law into the hands of the poor; to give them another tool with which to resist poverty. This volume shows some of the ways that the law can make an innovative and empowering difference in development scenarios. Development problems are complex and varied, and the theme of innovation and empowerment naturally has a broad scope. Consequently, this volume reaches far and wide. It considers the nature, promise, and limitations of legal innovation and legal empowerment. It looks at concrete examples in places such as Africa, the Asia-Pacific region, and Latin America. It considers developments in issues with universal application, such as the rights of the disabled and the effectiveness of asset recovery measures. The theme of legal innovation and empowerment for development complements substantive and institutional sensibilities in current development policy. Substantively, development policy discourse seems to have moved away from tacking hard toward statist policy or neoliberal policy. Although this brief introduction cannot do justice to the richness and complexity of these contributions, it does consider each focal point in turn. -
Publication
The World Bank Policy for Projects on International Waterways : An Historical and Legal Analysis
(World Bank, 2009)This study deals with the evolution and context of the Bank policy for projects on international waterways. It starts with a brief description of how the Bank has faced the challenges stemming from such projects, and the different approaches deliberated by the Bank that led to the issuance of the first policy in 1956. The study then reviews the implementation experience of the policy and analyzes the principles and procedures, as well as the main features of each of the policies issued in 1956, 1965, and 1985 respectively. The principles of international water law prevailing at each stage of the policy issuance are examined and compared with those of the Bank policy. The study also discusses in detail the notification process: its basis, by whom, to whom, its content, different riparian's responses, and the exceptions to the notification requirement. It then analyzes how the Bank handles an objection from one or more of the riparian's to projects proposed for Bank financing. It also examines how the Bank has dealt with transboundary groundwater, as well as the linkages between the policy for projects on international waterways and the policies on disputed areas and environmental impact assessment. The conclusion provides an overview of the main findings of the study, and highlights some of the lessons drawn from the implementation experience of the policy. -
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Legal Aspects of Financial Services Regulation and the Concept of a Unified Regulator
(Washington, DC: World Bank, 2006-01-01)This study addresses the legal and policy issues underpinning the development of, and the strengthening of the regulatory and institutional framework for unified financial services supervision. The study discusses developments in a number of jurisdictions, among them Australia, Canada, Estonia, Germany, Hungary, Ireland, Latvia, Malta, the Scandinavian countries, the United Kingdom, and the United States. Chapter 1 examines conceptual issues to be taken into account in designing a sound regulatory and institutional framework for financial services supervision. The chapter also provides a working definition of "regulation" and delves into the intricacies of designing the appropriate regulatory framework. Chapter 2 analyzes the concept of an independent financial services regulator, arguing that a unified regulator that is both independent and accountable would help promote the development of a sound financial sector. Chapter 3 discusses the concept of a unified regulator, examining the question of whether every country should adopt a model of unified financial services supervision. Chapter 4 provides country studies, addressing the efficacy of the framework for unified financial services supervision in Latvia, the United Kingdom, and the Scandinavian countries. Finally, Chapter 5 defines policy recommendations and possible constitutional, and legal challenges that might be encountered when a country is considering unifying its regulation of financial services. -
Publication
The Transit Regime for Landlocked States : International Law and Development Perspectives
(Washington, DC : World Bank, 2006)This study traces the development of the international law related to the free access of landlocked States to and from the sea. Part I is a brief introduction to economic, institutional, and development-related challenges faced by landlocked States. Part II examines doctrines and theories that have influenced the evolution of the legal regime that applies to landlocked States. Part III reviews the progress the international community has achieved over the decades in devising legal mechanisms to address the problems these States face. It discusses enforcement of the right of access, in particular, the administrative, institutional, and technical mechanisms used. The study further analyzes bilateral treaties and agreements dealing with the question of transit in different continents. These agreements aimed at facilitating transit between landlocked States and their transit neighbors provide for regimes that are tailored to the specific geopolitical and socioeconomic needs of the parties. The study also discusses the different international resolutions bearing on cooperation between landlocked States and the role of multilateral institutions. Finally, Part IV concludes the study by highlighting positive achievements of the international community in working toward a regime that is satisfactory to all, and describes a multifaceted approach to solve the problems of access of landlocked States. -
Publication
Conflict and Cooperation on South Asia's International Rivers : A Legal Perspective
(Washington, DC: World Bank, 2003)The book analyzes five major bilateral treaty regimes on the South Asian subcontinent: between India and Bangladesh for the Ganges River; between India and Nepal for the Kosi, Gandaki, and Mahakali rivers; and, between India and Pakistan for the Indus River. It explains the background, and legal regimes of these international rivers in the context of the serious challenges to the water resources of the subcontinent, posed by significant population increases, urbanization, industrialization, and environmental degradation. International lawyers, and natural resource specialists will find this book to be useful and informative. -
Publication
Regulatory Frameworks for Dam Safety : A Comparative Study
(Washington, DC: World Bank, 2002-10-31)This study is a comparative assessment of the regulatory frameworks applicable to dam safety in 22 countries. It is divided into three parts. The first part is a description of the dam safety regulatory framework in each of the 22 countries. The countries were selected based on the availability of information about their dam safety regulatory frameworks. The second part of the study is a comparative analysis of these regulatory frameworks. The analysis attempts to highlight the main similarities and differences in the approaches adopted by the countries discussed in the first part of the study. The third part offers recommendations on what a regulatory framework for dam safety should contain. It lists essential elemetns that should be included in all dam safety regulatory frameworks, as well as elemetns that would be desirable to include in such regulatory frameworks. This part also identifies and discusses a number of emerging trends in dam safety. In tis connection, this part of the study can be seen as providing a tool kit that can be used in formulating a regulatory framework for dam safety. This study has seven appendices. Appendix iv contains a dam safety statute; appendix V is a dam safety regulation; and appendix vi is a sample operations, maintenance, and surveillance manual.