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A Trouble Shared is a Trouble Halved

A Trouble Shared is a Trouble Halved The World Bank has a large partnership portfolio, including international organizations and private actors. Due to their diversity and to the ambitious programs they pursue, partners are highly exposed to financial and operational risk. Curbing this risk takes different shapes in the legal design of partnerships. In particular, partnerships differ in terms of the degree of legal continuity along the stages of decision-making, management of funds and program implementation. This configuration raises several problems for the attribution of international legal responsibility for partnership-related activities. In some cases, the problem is one of attribution of conduct at the level of the partnership’s governing body as well as at that of implementation. More broadly, the policy of risk management leads to a dilution of control within the partnership chain. This means that one can construe only certain partnership programmes, or certain segments of a partnership, as amassing enough control for responsibility to arise. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Organizations Law Review Brill

A Trouble Shared is a Trouble Halved

International Organizations Law Review , Volume 13 (1): 25 – Sep 3, 2016

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1572-3739
eISSN
1572-3747
DOI
10.1163/15723747-01301009
Publisher site
See Article on Publisher Site

Abstract

The World Bank has a large partnership portfolio, including international organizations and private actors. Due to their diversity and to the ambitious programs they pursue, partners are highly exposed to financial and operational risk. Curbing this risk takes different shapes in the legal design of partnerships. In particular, partnerships differ in terms of the degree of legal continuity along the stages of decision-making, management of funds and program implementation. This configuration raises several problems for the attribution of international legal responsibility for partnership-related activities. In some cases, the problem is one of attribution of conduct at the level of the partnership’s governing body as well as at that of implementation. More broadly, the policy of risk management leads to a dilution of control within the partnership chain. This means that one can construe only certain partnership programmes, or certain segments of a partnership, as amassing enough control for responsibility to arise.

Journal

International Organizations Law ReviewBrill

Published: Sep 3, 2016

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