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Human Rights Criticism of the World Bank's Private Sector Development and Privatization Projects


David Kinley


University of Sydney - Faculty of Law

Tom Davis


University of Melbourne - Department of Political Science


Sydney Law School Research Paper No. 08/53

Abstract:     
The World Bank is no stranger to criticism of its projects, especially in respect of its privatization and private sector development projects. Critics point to the environmental, social and cultural damage that certain projects have caused, which for some appears not just to be a product of the individual projects themselves, but symptomatic of a broader policy failure within the Bank to engage with the social consequences of its actions. In fact, and somewhat surprisingly, both the Bank's critics and its defenders seldom employ human rights language in their reasoning and rhetoric, and where they do, it is only fleetingly and often lacking in any real substance. This is surprising because of so much of what the Bank does can be, and is, supportive of the objects of international human rights standards, especially in respect of economic, social and cultural rights. It is a central theme of this Discussion Paper that for the Bank to embrace this fact alone would be a very significant step towards it being better able not only to respond to its critics, but also, crucially, to deliver upon its own objectives as most recently expressed in the Millennium Development Goals.

This Discussion Paper was commissioned by the World Bank. The brief was to provide an account of the major criticisms directed at the World Bank's private sector-oriented projects, and to determine what, if any, consequences for the protection of human rights are revealed by those criticisms. The approach adopted in this paper is first to identify key criticisms through empirical research and then to subject them to human rights analysis. This provides the basis for a clear account of the legal and programmatic implications for the Bank, today and in the future, of those human rights obligations and duties raised, directly or indirectly, by the critics of the Bank.

Number of Pages in PDF File: 180

Keywords: international law, human rights, international institutions, aid and development, international investment

JEL Classification: F33, F34, K33, O23, O19, R58

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Date posted: May 15, 2008 ; Last revised: May 22, 2008

Suggested Citation

Kinley, David and Davis, Tom, Human Rights Criticism of the World Bank's Private Sector Development and Privatization Projects. Sydney Law School Research Paper No. 08/53. Available at SSRN: http://ssrn.com/abstract=1133179

Contact Information

David Kinley (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Tom Davis
University of Melbourne - Department of Political Science ( email )
Melbourne
Australia
HOME PAGE: http://www.politics.unimelb.edu.au/aboutus/davis.html
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