The World Bank inspection panel : in practice

목차 (Table of Contents)

• CONTENTS
• Chapter 1 : Evolution of an Independent Inspection Function in World Bank Operations = 1
• Ⅰ. Motives for the Establishment of an Inspection Function = 1
• A. Internal Factors: The New Management's Concern with Performance = 2
• B. External Factors: Mounting Demands = 4
• Ⅱ. The Narmada Lesson = 5
• Ⅲ. Preexisting Control Mechanisms = 8
• A. Project Preparation = 9
• B. Project Supervision = 11
• C. Project Evaluation = 14
• D. Other Audits and ad hoc Evaluations= 15
• Ⅳ. Internal and External Initiatives for Change = 16
• A. The Four Executive Directors' Proposal = 17
• B. The Ombudsman Proposal = 18
• C. The Proposal for an "Independent Appeals Commission" = 20
• Ⅴ. The Related Issue of Information Disclosure = 22
• Ⅵ. Preparatory Work by the Bank's Management and Board = 24
• Chapter 2 : The Resolution Establishing the Panel: A Study of the Resolution as Issued-Its Drafting History and Interpretation = 28
• Introduction = 28
• Ⅰ. Objectives of the Inspection Function = 29
• Ⅱ. Scope of the Panel's Mandate = 33
• A. Institutional Coverage = 33
• B. Subject-Matter of Requests for Inspection = 35
• 1. Bank's Actions or Omissions = 35
• 2. Projects Financed or to Be Financed by the Bank = 36
• 3. Project and Adjustment Operations= 37
• 4. Operational Policies and Procedures = 41
• 5. Scope of the Bank's Failure-Extent of Staff Obligations under Bank Policies = 47
• 6. Preliminary Requirements Regarding the Subject-Matter = 49
• 7. Barred Complaints = 51
• Ⅲ. Eligibility of the Party Requesting Inspection = 55
• A. Meaning of "Affected Party" = 56
• 1. Rights and Interests = 56
• 2. Conditions to Be Ascertained on a prima facie Basis = 57
• 3. Requester to Be a Community of Persons = 59
• 4. Requester to Be in the Territory of the Borrower = 61
• 5. Anonymous Requests = 62
• B. Representation of the Affected Party = 64
• C. Requests by Individual Executive Directors = 66
• Ⅳ. A Checklist of Eligibility Requirements - A Summary = 71
• Ⅴ. The Inspection Process-Procedural Aspects and Safeguards = 75
• A. Activating the Panel's Role: The Request for Inspection = 75
• B. Investigation by the Panel = 81
• C. Follow-up Action = 85
• Ⅵ. Composition of the Panel = 88
• Ⅶ. Administrative and Financial Aspects of the Panel's Work = 94
• A. Status of the Panel = 94
• B. The Executive Secretary = 95
• C. Remuneration and Other Costs = 96
• D. Annual Report = 97
• E. Location of the Panel in the Bank's Organizational Structure = 98
• Chapter3 : A Study of Resolution as Applied in Practice-The Experience of the Inspection Panel = 99
• Introduction = 99
• Ⅰ. Planned Arun III Hydroelectric Project/Nepal = 102
• Ⅱ. Compensation for Expropriated Assets/Ethiopia = 105
• Ⅲ. Emergency Power Project/Tanzania = 107
• Ⅳ. Rondonia Natural Resources Management Project-PNALAFLORO/Brazil = 109
• Ⅴ. Pangue/Palco Hydroelectric Complex/Chile = 114
• Ⅵ. Jamuna Bridge Project/Bangladesh = 115
• Ⅶ. Yacyreta Hydroelectric Project/Argentina/Paraguay = 117
• Ⅷ. Jute Sector Adjustment Credit/Bangladesh = 124
• Ⅸ. Itaparica Resettlement and Irrigation Project/Brazil = 127
• Ⅹ. NTPC Power Generation Project/India = 130
• XI. Ecodevelopment Project/India = 133
• XII. Highlands Water Project/Lesotho/South Africa = 136
• XIII. Drainage and Sanitation Project/Nigeria/Lagos = 139
• XIV. Land Reform and Poverty Alleviation Pilot Project/Brazil = 141
• XV. Swissbourgh Diamond Mines (Pty)Ltd &Others Regarding Highlands Water Project/Lesotho/South Africa = 147
• XVI. Western Poverty Reduction Project/China = 150
• Post Script = 152
• Chapter4. Board Reviews of the Inspection Panel's Experience = 155
• Introduction = 155
• Ⅰ. The First Review-1996 = 156
• A. Possible Application of the Inspection Function to the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA) Operations = 157
• B. The Panel's Function and Procedures = 162
• 1. The "Two Stages Approach" and the Possible Need for "Preliminary Assessment" in the First Stage = 162
• 2. Time Limits During the First Stage = 165
• 3. Outcome of Inspection : Findings or Recommendations = 165
• C. The Issues of Access to the Panel and Eligibility of Requests for Inspection = 166
• D. Disclosure if Information = 169
• E. Composition of the Panel = 170
• F. Authority to Interpret the Resolution = 171
• G. Independent Outside Counsel? = 171
• H. Providing Information on the Role of the Inspection Panel = 172
• I. Procurement Decisions = 172
• Ⅱ. Second Review-1998/1999 = 173
• A. Management and Panel Papers = 173
• B. The "Commentary" = 176
• C. Panel's Response = 181
• D. Board Review-The Working Group Report = 184
• E. The Aftermath of the Working Group Report = 190
• 1. Reaction of the Inspection Panel = 191
• 2. Intervention by NGOs = 193
• 3. Board/NGOs Informal Meeting = 196
• 4. Revision of the Working Group's Report = 199
• 5. Board Decision on the Second Review = 201
• Chapter5 : Assessment of the Inspection Panel's Constituent Resolution and the Experience in Its Application = 204
• Introduction = 204
• Ⅰ. Assessment of the Inspection Function as Defined in the Resolution and Complementary Documents and as Performed in Practice = 204
• A. Early Criticism = 204
• 1. Is the Independence of the Panel Adequately Secured? = 205
• 2. Do Relevant Parties Have Limited Access to the Panel? = 207
• 3. Is the Panel's Mandate Unduly Limited in Scope? = 210
• 4. Should the Panel Have Decision Making Powers? = 212
• 5. Does the Possibility of Remedial Action by Management Obviate the Need for Investigation? = 215
• 6. Timing of Making the Penal's Reports Publicly Available = 216
• 7. Was the Review of the Inspection Function as Described in the Resolution Too Restrictive? = 218
• B. Analysis of the Panel's Experience = 219
• 1. Management Practices Criticized by the Panel = 225
• 2. Systemic Problems = 227
• 3. Issues for Further Consideration = 228
• C. Costs and Benefits to the Bank and Its Members = 229
• 1. Perceived Risks to the Bank and Its Members = 229
• ⅰ. Possible Deterrent Effect on Bank Staff = 230
• ⅱ. Possible Internationalization of Domestic Disputes in Violation of the Borrowing Country's Jurisdiction = 231
• ⅲ. Possible Expansion or Abuse of the Panel's Functions beyond the Limits Defined in the Resolution = 232
• ⅳ. Possible Legal Action Against the Bank or the Borrower Based on the Panel's Findings = 233
• 2. Possible Benefits to the Bank and Its Members = 235
• ⅰ. Effect on the Bank's Efficiency = 235
• ⅱ. Effects on the Bank's Accountability = 237
• ⅲ. Other Benefits = 240
• Ⅱ. Issue of Liability of the Bank and Its Staff for Harm Attributed by the Panel to the Bank's Non-Compliance with Its Policies and Procedures = 241
• A. Basis of Liability = 241
• B. The Issue of Immunity = 243
• 1. The Bank's Immunity before U.S. Courts = 247
• 2. The Bank's Immunity outside the United States = 251
• C. Situation in the Absence of Immunity = 253
• D. Lender Liability? = 254
• Concluding Remark
• Ⅰ. An Overview of the Panel's Experience = 259
• Ⅱ. The Panel's Impact on the Evolution of International Law and Policy = 261
• Annexes
• AnnexⅠ Documents Relating to the Inspection Panel = 271
• AnnexⅡ Bank Policies and Procedures Most Relevant to the Inspection Panel Function = 345
• AnnexⅢ Comparison between the Inspection Function at the World Bank, the IDB, and the ADB = 491