This study interrogated the softness and hardness of the law of IFIs to determine the extent to
which underlying accountability mechanisms have achieved or failed to achieve the level of
accountability and justice expected by affected non-state third parties. It also aimed at
investigating the process of financing for development in order to further the understanding of
the challenges of holding IFIs to account for the unintended consequences of the projects they
have funded. The study critically examined the legal accountability mechanisms of selected
IFIs at the institutional, international, and domestic levels to highlight their strengths and
weaknesses. The study showed that the robustness, practicability, and comprehensiveness of
the standards against which the performance of IFIs is assessed are the determining factors of
a better accountability process outcome. An outcome which truly advances the interests of an
account holder without diluting his/her/it legally protected rights. However, the legal
framework of IFI-operations does not provide the same standard of protections to IFIs, their
clients, and affected non-state third parties. While the first two categories of stakeholders seem
to enjoy a robust protection, laws and policies have been used sparingly regarding the
protection of the last category of stakeholders. The weakness of the standards that apply to
affected non-state third parties during the design, appraisal, and implementation of IFI-funded
projects does not enhance a prospect of an accountability process outcome which truly
advances the interest of this category of stakeholders. The study made some recommendations,
including a shift in the focus of existing laws and policies towards a greater protection of the
interests of affected non-state third parties. It also recommended the inclusion of community
development agreements in the overall project structure to ensuring that affected non-state third
parties and other local stakeholders benefit from an IFI-funded project. / Thesis (LLD)--University of Pretoria, 2018. / Centre for Human Rights / LLD / Unrestricted
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/67776 |
| Date | January 2018 |
| Creators | Lukanda, Kapwadi Francky |
| Contributors | Bradlow, Daniel David, lukanda2000@yahoo.fr |
| Publisher | University of Pretoria |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Rights | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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