How the World Bank’s Dispute Resolution Services Should Benefit Affected Persons and Borrower States

Brosseau, Jonathan (2023). How the World Bank’s Dispute Resolution Services Should Benefit Affected Persons and Borrower States. UNU-CRIS Working Paper. UNU Insitute on Comparative Regional Integration Studies.

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UNU-CRIS Working Papers

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  • Subtitle Working Paper
    Sub-type Working paper
    Author Brosseau, Jonathan
    Title How the World Bank’s Dispute Resolution Services Should Benefit Affected Persons and Borrower States
    Series Title UNU-CRIS Working Paper
    Volume/Issue No. 2023/3
    Publication Date 2023
    Place of Publication Bruges
    Publisher UNU Insitute on Comparative Regional Integration Studies
    Pages 21
    Language eng
    Abstract The World Bank recently established the Dispute Resolution Services (DRS) to address complaints related to its projects through mediation, fact-finding, and similar methods. This paper evaluates how the DRS improves the right of access to a remedy for project-affected persons. First, the paper identifies the legal and policy standards against which the DRS should be evaluated. The right of access provided through the Inspection Panel’s compliance review process has three pillars: accessibility, efficiency, and independence. Since the DRS was intended to only improve this right in light of best practices regarding dispute resolution processes, the DRS should be at least as protective of affected persons as the Panel process is. Second, the paper suggests improvements to the DRS regarding the three pillars. To increase accessibility, the Bank should strengthen procedural protections and participation opportunities for affected people by providing a minimum standard of access to project-related materials. To increase effectiveness, the Bank should clarify the minimum threshold for acceptable remedies, and provide mandatory verification of the implementation of the parties’ agreements. To improve independence, the Bank should offer more options regarding sequencing the compliance review and dispute resolution processes, and provide funding to affected persons to support complaints.
    Copyright Holder UNU Institute on Comparative Regional Integration Studies
    Copyright Year 2023
    Copyright type All rights reserved
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    Created: Wed, 21 Feb 2024, 00:52:45 JST by Masovic, Ajsela on behalf of UNU CRIS