Summary: | 碩士 === 國立東華大學 === 財經法律研究所 === 94 === Abstract
After the World War Ⅱ and the Depression, the Bretton Wood Conference decided to organize the IBRD, IMF and ITO. Due to the successful experience of Europe reconstruction, member countries of the IBRD decided to establish the IDA, IFC, MIGA and ICSID to offer economic assistance to developing countries. IBRD and IDA are known as the World Bank. The World Bank supported the projects for the developing countries for basic necessary facilities, which develop their economics. At first, the projects did increase high economic rate. However, operation policies of World Bank gradually stay behind times, and lead to waste of nature resources, destruction of the environment, lack of participations, and lack of disclosure of information. NGOs criticize the project and ask for reform.
The World Bank modifies its policies to further improve participation, disclosure of information, social assessment and also establishes independent Inspection Panel under the Board of Executive Directors to allow the groups of the project site to supervise the staffs’ compliance of the policies, which should indeed obey NGOs assertion. World Bank Inspection Panel is not only the first mechanism of international organizations, but also an independent administrative review. Its objective is to check staffs’ compliance of policies rather than to supervise borrowers’ project implementation. The Fact that local peoples and NGOs are parties makes NGOs and World Bank a closer relationship. The thesis assesses these cases to find out what policies the staffs disobey the most and these types. The action plan the staffs propose to the Board is to assess whether the modified policies can effectively mitigate the destruction of environment and society, and whether NGOs can involve the operation of the World Bank.
In 1999, The People’s Republic of China government officially apply for World Bank for “ China Western Poverty Reduction Project”, the Qinghai component include resettlement, irrigation agriculture, new city, etc. ITC, which is an international NGOs, offers a request for inspection, indicating that the project lacks consultation with local people, Indigenous Peoples Development Plan and resettlement. ITC asks Board to withdraw the project. After investigation, the World Bank staffs are actually found to disobey policies. This thesis uses the Qinghai component as a case study, testifying whether panel procedural will satisfy NGOs, and the status of NGOs in international law and World Bank will improve, by means of the proceeding of the case.
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