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

In 2020, the World Bank established the Dispute Resolution Services (DRS) to address complaints related to its projects through meditation, fact-finding, and similar methods. This chapter evaluates how the DRS should improve the right of access to remedy for project-affected people. First, the chapt...

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1. Verfasser: Brosseau, Jonathan
Format: Buchkapitel
Sprache:eng
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Zusammenfassung:In 2020, the World Bank established the Dispute Resolution Services (DRS) to address complaints related to its projects through meditation, fact-finding, and similar methods. This chapter evaluates how the DRS should improve the right of access to remedy for project-affected people. First, the chapter identifies the legal and policy standards against which the DRS must be evaluated. The right of access provided by the Bank through the Inspection Panel’s compliance review process has three pillars: accessibility, effectiveness, and independence. Since the DRS aimed to enhance this right, drawing from best practices in dispute resolution, it must offer greater protections for affected people than the Panel process. Second, the chapter suggests improvements to the DRS. To increase accessibility, the Bank should enhance procedural protections and participation opportunities for affected people. To increase effectiveness, the Bank must clarify the minimum threshold for acceptable remedies and provide mandatory verification of party agreements. To increase independence, the Bank should offer more options for sequencing compliance review and dispute resolution processes.
DOI:10.1017/9781009373913.014