A Comparative Law Approach
Studies in Comparative Law and Legal Culture series
Edited by Jean-Bernard Auby, Emmanuel Breen and Thomas Perroud
Chapter 16: Introduction to the World Bank's policies in the fight against corruption and conflicts of interests in public contracts
A topic such as the fight against fraud and corruption (F & C) and conflict of interests (COI) offers a perfect opportunity for exploring the World Bank's (WB or the Bank) role today and how it contributes to the ongoing movement of globalization in the legal fields. Recalling that Professor Delmas-Marty, in her book, Ordering Pluralism,underscores the fact that globalization of law is essentially promoted in the areas of trade and criminal laws, then COI and anti-corruption indeed lie at the intersection of these two fields. As an example of administrative law for international organizations, the WB has developed corporate sanctions for F & C and COI which apply to the Bank's staff or govern the Bank's own contracts. Moreover, and as we are going to focus on this illustration of Global Administrative Law,the WB has developed sanctions reaching out to companies in the context of government contracts entered into by its Client countries. Under WB's loans or grants, over $40 billion each year are spent by Client countries in public contracts to build infrastructure and operate major services,whereas the WB's anti-corruption policy is intended to prevent or tackle any misuse of the proceeds of Bank financing.
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