Quasi-Judicial Dialogue for the Coherent Development of International Law

EJIL : Talk! Blog of the European Journal of International Law (9.11.2016)

Posted: 13 Jul 2017

See all articles by Makane Mbengue

Makane Mbengue

University of Geneva

Stéphanie de Moerloose

Universidad Austral; Humboldt University Berlin

Date Written: November 9, 2016

Abstract

Multilateral Development Banks have established international accountability mechanisms over the last 25 years in order to offer private individuals or groups a process through which they can demand the redress of grievances caused by the banks’ projects. Accountability mechanisms are often composed of experts appointed by each bank’s Board of Directors. The mechanisms generally have a compliance review function, with or without a problem-solving function. With their different mandates, these quasi-judicial bodies have, just like judicial bodies, proliferated in a process that can be deemed “quasi anarchic“. This post explores a recent project in Kenya presented simultaneously before two accountability mechanisms, and argues that accountability mechanisms’ “quasi-judicial dialogue” can constitute a source of inspiration for the coherent development of international law.

Keywords: Multilateral Development Banks, accountability mechanisms, World Bank, European Investment Bank, safeguards, quasi-judicial dialogue

Suggested Citation

Mbengue, Makane and de Moerloose, Stéphanie, Quasi-Judicial Dialogue for the Coherent Development of International Law (November 9, 2016). EJIL : Talk! Blog of the European Journal of International Law (9.11.2016), Available at SSRN: https://ssrn.com/abstract=2997558

Makane Mbengue

University of Geneva ( email )

102 Bd Carl-Vogt
Genève, CH - 1205
Switzerland

Stéphanie De Moerloose (Contact Author)

Universidad Austral ( email )

Cerrito 1250
Buenos Aires, 1010
Argentina

Humboldt University Berlin ( email )

Berlin
Germany

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