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Legal Analysis Of The World Bank Environmental Policies

Posted on:2007-03-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:H H JinFull Text:PDF
GTID:1116360212457950Subject:International law
Abstract/Summary:
The main function of the World Bank is to provide loan and concessional lending or "credits" to promote economic and social development in developing countries. In addition to financial assistance, the World Bank provides technical assistance and advice to assist developing countries in their economic, environmental, and social needs. As the first and largest multilateral financial institution, the World Bank devotes more resources directly to environmental objectives than any international organization. The World Bank succeeds in combing the environmental policy and lending policy.The World Bank's environmental policy includes its operational policies, Bank procedural, staff guidelines, Bank reports and so on. Although these "non-treaty" instruments are not binding in the traditional sense, they have considerable practical impact, especially throughout the developing world. For carrying out sustainable idea, building resource-economy and environment-friendly society, we should implement environmental policy strictly. At the same time, the closing relationship between China and the World Bank demands concerning the Bank's environmental policy constantly. As a developing country, China is in dire need of financial assistance. Up to the present, China is the member country which accepted the biggest amount of the World Bank's loan and one of the member countries whose projects were implemented best. So through researching the Bank's environmental policy, it will help us to understand its role and the influence in the international environmental legal system; it will help us expressing the opinions of developing countries in the World Bank; it will help us to grasp the relating policy and then design the projects scientifically and raise money efficiently.Except for Preface, there are six chapters in JURISPRUDENCE ANALYSES ON ENVIRONMENAL POLICY OF THE WORLD BANK.Preface: The background, incentive, content, method and meaning of research in this chapter. The key words and their meanings are involved.Chapter1 reviews the history, structure and legal status of the World Bank's environmental policy. I point that although the word environment does not appear in the World Bank's Charter, environmental policy is always being implemented. Although these "non-treaty" instruments are not binding in the traditional sense, they have profound influence on the international environmental law. The World Bank project-specific support for developing country obligations under international environmental law. The World Bank proactively supports the objectives of the global environmental Conventions. The Bank also promotes the goals of international environmental law through its role as one of the Implementing Agencies of the GEF.Chapter2 discusses the international law base of the World Bank's environmental policy. I point that the World Bank is the subject of international law, it is subjected to the international environmental law. And the principle of sustainable development is the envolving customary law, the World Bank should carry out it. At last, as the agency and the trustee of GEF, the World Bank has legal obligation to implement environmental policy.Chapter3 discusses the World Bank's mechanism for implementing environmental policy. It includes the internal organizations and the external relationships. In this chapter, I emphasize the Inspection Panal of the World Bank. It is a new event in the international organizations. The establishment of the Panal has for-reaching effects on the international environmental law, the international human law, the international organization law and the international administrative law.Chapter4 discusses the core of the World Bank's environmental policy: environmental assessement. I point that the World Bank's implementing environmental assessement is based on international and national law. And then I analyze the problems in the process of the policy enforcement. Chapter5 discusses the World Bank's other operational policies and procedures as well as its mechanisms concerning the environment, such as the policy about projects on international waterways, protection of natural habitats and endangered species, sustainable forestry, the rights of indigenous peoples, involuntary resettlement, and protection against the adverse impact of POPs. Finally, the chapter6 of the paper closes with conclusions and recommendations for reform of the China's environmental policy, strategy, public participation, environmental assessment, greening the financial institutions and rights protection of project-affected people.
Keywords/Search Tags:world bank, environment, policy
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