The law of development cooperation : a comparative analysis of the World Bank, the EU and Germany / Philipp Dann.
2013
K3400 .D3613 2013 (Map It)
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Details
Author
Title
The law of development cooperation : a comparative analysis of the World Bank, the EU and Germany / Philipp Dann.
Uniform Title
Entwicklungsverwaltungsrecht. English
Published
Cambridge : Cambridge University Press, 2013.
Call Number
K3400 .D3613 2013
ISBN
9781107020290 (hardback ; alk. paper)
1107020298 (hardback ; alk. paper)
1107020298 (hardback ; alk. paper)
Description
xv, 592 pages ; 24 cm.
System Control No.
(OCoLC)841212596
Summary
"Development interventions are agreed by states and international organisations which administer public development funds of huge proportions. They have done so with debatable success, but, unlike the good governance of recipients, the rules applying to donors have hitherto received little scrutiny. This analysis of the normative structures and conceptual riddles of development co-operation argues that development co-operation is increasingly structured by legal rules and is therefore no longer merely a matter of politics, economics or ethics. By focusing on the rules of development co-operation, it puts forward a new perspective on the institutional law dealing with the process, instruments and organisation of this co-operation. Placing the law in its theoretical and political context, it provides the first comparative study on the laws of foreign aid as a central field of global public policy and asks how accountability, autonomy and human rights can be preserved while combating poverty."--Pub. desc.
Note
Originally issued as author's Habilitationsschrift, Goethe University in Frankfurt, 2012, in German, under the title: Entwicklungsverwaltungsrecht.
Bibliography, etc. Note
Includes bibliographical references (pages 516-580) and index.
Record Appears in
Table of Contents
Acknowledgments
xiii
Translators' acknowledgments
xv
Introduction
1
A.
Concept and context of development cooperation law
1
I.
Development cooperation and the law: three layers of context
2
II.
law of development cooperation: a conceptual proposal
12
III.
Structure and approaches of this study
21
IV.
word of caution on the language of development
24
B.
On studying the law of development cooperation: challenges and chances
27
I.
Challenges: reasons for the reluctance of lawyers
27
II.
Chances: the promise of a legal regulation of development cooperation
30
pt. I
Institutional and intellectual history of development cooperation
33
1.
Formative years
35
A.
Emergence and improvisation (1945--1965)
37
I.
World Bank: Bretton Woods, Wall Street, Washington
38
II.
European Economic Community and the formative phase of European development assistance
43
III.
Germany: indirect beginnings
50
IV.
Development theory as modernization theory and principles of development assistance
58
V.
Summary
61
B.
Breakthrough and contestation (1965--1975)
62
I.
Political and theoretical context: paradigm shift
63
II.
World Bank: McNamara and the war on poverty
68
III.
Germany: Eppler and the creation of an autonomous development policy
71
IV.
European community: Cheysson and the promise of Lome
75
V.
Summary
80
2.
Years of transformation
83
A.
Stagnation and instrumentalization (1975--1990)
83
I.
Political and theoretical context: revisions
84
II.
World Bank: new instruments and the ideology of the Washington Consensus
90
III.
Germany: a return to the priority of short-term interests
93
IV.
European communities: stagnation within, but dynamism outside the Lome cooperation
96
V.
Summary
100
B.
Expansion and rejection (1990--2000)
101
I.
Sustainable development: integration of environmental and social aspects
102
II.
Human rights and participation
104
III.
Stable statehood: democracy and good governance
112
IV.
Post-development and the postcolonial critique of development
119
C.
Development cooperation today
125
I.
In retrospect: the genesis of development cooperation since 1945
126
II.
Structural problems of development cooperation
130
III.
Current trends: push for effectiveness amid the "rise of the rest"
138
pt. II
Constitutional foundations of the law of development cooperation
155
3.
Institutions and legal framework
157
A.
donors: organizational structures, legal frameworks, mandates
158
I.
Overview: institutional types and financial dimensions
158
II.
Development administration in Germany
164
III.
Development administration in the European Union
170
IV.
World Bank
180
V.
Relationships between donors: a heterarchical multi-level system
195
VI.
Conclusion: two types of development administration
200
B.
Recipients: definition, selection, differentiation
202
I.
"Developing countries" - methods of definition
202
II.
Donors' selection rules
205
III.
Differentiation among recipients
207
C.
Standard-promoting collectives: UN, OECD, ACP
209
I.
donor collective: OECD-DAC
209
II.
Recipient collectives? UNCTAD, the ACP Group, the UN General Assembly
212
D.
Summary: heterarchy of actors and "donor-bias" of the law
215
I.
Plurality and heterarchy of actors
215
II.
Complexity and donor-bias of the laws of development cooperation
216
4.
Principles of the law of development cooperation
219
A.
Preliminary considerations on principles
220
I.
Teleological principles in international development law
221
II.
distinction between legal and structural principles
222
III.
Paris Declaration and the principles of development cooperation law
225
B.
Development
226
I.
Possible legal bases
227
II.
Contents
230
III.
Addressees
236
IV.
Summary
237
C.
Collective autonomy and ownership
238
I.
Sovereignty and ownership
239
II.
Equal autonomy and its limits
244
III.
Protection of autonomy
247
IV.
Summary
256
D.
Individual autonomy and human rights
258
I.
complex relationship between development and human rights
259
II.
obligation of donors to respect human rights
263
III.
Content of the human rights obligations
274
IV.
Summary
283
E.
Coherence and efficiency
284
I.
Cost-effectiveness, result orientation, concentration
286
II.
Alignment with recipients
290
III.
Coordination and complementarity
291
IV.
Summary
295
F.
Summary: substance of and tensions between the principles
295
pt. III
Administrative law of development cooperation
299
5.
Programming the transfer of ODA
303
A.
Functions and problems of programming in development cooperation
304
B.
Programming by recipients: the Poverty Reduction Strategy Papers
308
I.
Legal foundations of the duty to prepare PRSPs
310
II.
Procedural and substantive demands
312
III.
Summary
313
C.
Programming by donors
316
I.
World Bank: Country Assistance Strategy
317
II.
EU: Country Strategy Papers and multi-annual indicative programs
327
III.
Concepts, papers and (non-existent) German planning law
341
IV.
Coordination of planning
345
D.
Comparative summary
346
I.
principle of development and the principle of individual autonomy
347
II.
Collective autonomy and three models of recipient--donor cooperation
348
III.
principle of coherence and efficiency
349
6.
Transferring ODA through project aid
353
A.
Functions and problems of development finance instruments
355
I.
Knowledge generation and articulation of interests
356
II.
Compliance and conditionality
358
B.
legal regime of project aid
361
I.
World Bank's legal regime
361
II.
legal regime of the EU
383
III.
German legal regime
397
C.
Comparative summary
405
I.
principle of development
406
II.
principle of coherence and efficiency -- and the problem of knowledge generation
406
III.
principle of collective autonomy -- and the instrument of conditionalities
407
IV.
Individual autonomy -- and the duty to conduct a human rights impact assessment
409
7.
Transferring ODA through budget support
412
A.
Background and function: from structural adjustment to budget support
413
B.
legal regime of budget support
416
I.
On the legitimacy of budget support
416
II.
Preconditions for agreement: governmental conditionality
417
III.
Preconditions for disbursement: performance conditionality
421
IV.
Legal form, especially the letter of development policy
423
C.
Summary
424
I.
Coherence and efficiency
424
II.
Collective autonomy
426
III.
Individual autonomy?
428
8.
Transferring ODA through results-based financing
429
A.
Background and function: the World Bank's program-for-results financing
429
I.
making of the new instrument
430
B.
legal regime of program-for-results financing
432
I.
Legal framework
432
II.
Substantive requirements for funding
433
III.
Procedure
437
IV.
Control
441
C.
Summary
441
I.
Efficiency and coherence
442
II.
Collective autonomy
443
III.
Individual autonomy and human rights
444
9.
Accountability in ODA transfers
445
A.
Concept and functions of accountability in development cooperation
445
I.
Concept of accountability
445
II.
Elements of accountability in development cooperation: accountability of whom, to whom, and according to which standards?
448
III.
Functions of accountability
451
B.
Accountability of donors and recipients
452
I.
World Bank
452
II.
European Union
460
III.
Germany
471
IV.
Recipients
481
V.
Peer accountability among donors
487
C.
Comparative summary
494
I.
Appraisal with respect to principles
494
II.
Structural problems of accountability in development cooperation
500
Conclusions and future prospects
505
A.
Central features and problems of development cooperation law
506
I.
Institutional structure and legal bases: heterarchical multi-level systems
506
II.
Typical doctrinal features: complementarity and conditionality
508
III.
Legitimation problems of development cooperation and principles of development cooperation law
510
B.
Development cooperation law: agenda for future study
513
References
516
Index
581