@article{2018:moerloose:sustainabl,
title = {Sustainable Development and the Use of Borrowing State Frameworks in the New World Bank Safeguards},
year = {2018},
note = {In 2015, Multilateral Development Banks (MDBs) jointly committed to
support the Sustainable Development Goals. This milestone illustrates
the gradual integration of the principle of sustainable development in
MDB activities over the last forty years. However, a year later, the
World Bank adopted its new Environmental and Social Framework (ESF)
which provides for, under certain conditions, the use of Borrowing
State environmental and social frameworks instead of, or completed
with, the World Bank ESF. This paper first analyzes whether a
reinforced emphasis on Borrowing States’ ownership in the ESF
appears compatible in practice with the implementation of the
principle of sustainable development, based on the World Bank’s
previous pilot program to use Borrowing State systems. Then, it will
concentrate on the role of the Inspection Panel. Indeed, an increased
use of Borrowing State frameworks would entail a new practice for the
Panel, consisting of looking into Borrowing State policies in order to
review their consistency with the World Bank safeguard objectives. In
this context, just like judicial and quasi-judicial mechanisms, the
Panel may need to develop a standard of review. The paper will argue
that striking a balance between ownership and sustainable development
will largely depend on the determination of this standard of review,
and especially on the Inspection Panel’s degree of deference to Bank
staff and Borrowing States’ decisions.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {53--77},
author = {Moerloose, Stéphanie de},
volume = {51},
number = {1}
}