The World Bank Legal Review, Volume 4 : Legal Innovation and Empowerment for Development
RIGHT TO DEVELOPMENT
ASIAN DEVELOPMENT BANK
ROLE OF LAW
HUMAN RIGHTS LAW
HUMAN RIGHTS TREATIES
HUMAN RIGHTS PRINCIPLES
ACCESS TO JUSTICE
ALTERNATIVE DISPUTE RESOLUTION
MINISTRIES OF JUSTICE
RULE OF LAW
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AbstractThe 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.
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Changing Norms is Key to Fighting Everyday CorruptionPanth, Sabina (World Bank, Washington, DC, 2014-09-16)One of the biggest impediments to anticorruption efforts is the fact that corrupt practices have become so institutionalized in everyday society that citizens view them as fixed and incontestable. To break down such an entrenched mind-set, the public s ignorance of their rights, cynicism, fear of reprisal, and mentality of submission to the status quo must first be defeated. Perhaps most important, the efficacy challenge needs to be addressed. Citizens generally must believe that they can actually do something about corruption in order to summon the courage to act upon that belief. Based on CommGAP s interactions with the global anticorruption community as well as earlier research, we were able to collate 18 representative instances (case studies) from around the world, with real-life examples of citizens coming together to speak up against corruption and social norms vis-à-vis corruption or to change public services affected by corrupt practices. This report is a one-step-up analysis of the collated case studies, which is intended to shed light on practical approaches, tools, and techniques that have been successful in bringing citizens together to stand against the daunting phenomenon of corruption.
Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen AssetsSotiropoulou, Anastasia; Sylvester, Katherine Rose; Mekki, Yannis; Brun, Jean Pierre; Dubois, Pascale Helene; Uttamchandani, Mahesh; Jaïs, Sarah; van der Does de Willebois, Emile; Hauch, Jeanne (Washington, DC: World Bank, 2014-10-20)Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a "victimless crime." This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC, the global standard for the fight against corruption, does not contain a legal definition of corruption itself but lists an array of offences, including public and private sector bribery and the embezzlement of public and private sector funds. The study will mainly focus on these two types of corruption, namely bribery and embezzlement of funds. This study is not intended in any way to minimize the importance of criminal proceedings and confiscation in addressing acts of corruption. Rather, it will show that civil law remedies can effectively complement criminal penalties by attacking the economic base of corrupt activities both in the public and the private sectors. In fact, given the magnitude of the challenges, all avenues of asset recovery, be they criminal or civil, should be explored simultaneously in order to tackle corruption from each and every angle and achieve the goals of deterrence and enforcement. Hence, while criminal law expresses society's disapproval of the corrupt acts and aims at dissuasion, punishment, and confiscation of illicit proceeds, civil law focuses on victims' interests and aims at compensation and restitution. These procedures may occur sometimes in parallel, sometimes sequentially. An effective response to corruption very often requires concomitant use of both criminal and civil law remedies to achieve the desired result.
Africa Regional Justice Note : A Review and Lessons LearnedWorld Bank (World Bank, 2010-09-14)The note is designed to assist Bank task teams, working together with their country counterparts, who may have varying levels of experience with promoting the Rule of Law (ROL); some would be familiar with the African context but not ROL, and for others, vice-versa. This note may also represent a first introduction to ROL reform; for those who have worked on such projects in the past, it should supplement existing knowledge about this emerging field. Specifically, this note aims to equip Bank staff to promote, design, conduct, and oversee projects and analytical work related to ROL reform by: providing an introduction to the ROL movement and the purpose of ROL work in the broader context of development; placing the Bank's work on the rule of law in Africa in a historical context, both in terms of Africa's recent history and the Bank's evolving priorities; presenting 'lessons learned' from past and ongoing rule of law reform efforts and providing specific guidance for embarking on new or supervising existing projects, particularly in conflict-affected and fragile situations; and highlighting rule of law projects that are noteworthy because of a particular focus or approach.