The World Bank Legal Review Volume 6 Improving Delivery in Development: The Role of Voice, Social Contract, and Accountability

by Jan Wouters (Editor), Alberto Ninio (Editor), Teresa Doherty (Editor), Hassane Cisse (Editor)

Overview

Many developing countries have the capacity to develop broad development policy directions and formulate development programs that are logical and consistent, but these do not obtain the desired or targeted results because of challenges in the delivery system. It is increasingly apparent that development efforts must be carefully crafted and targeted in the right way to achieve the most effective results in an efficient manner. Recent literature in development studies evidence the important role of 'delivery' in actualizing positive and efficient development impact. Improving delivery and development impact requires a multidisciplinary approach. Development practitioners devoted to rule of law and justice must conjoin their efforts, concepts, tools and knowledge with experts from various disciplines so as to shape a delivery system that adds economic and social value to ultimate beneficiaries of development. In the foregoing light, the book brings together the diverse perspectives of development experts, international lawyers, academics, researchers, legal practitioners, public and civil servants, and other professionals, in order to explore the values of voice, social contract and accountability, and thereby address the following issue: How can law and justice tools, concepts and knowledge - when anchored in values such as voice, social contract and accountability - shape a delivery system that adds economic and social value to ultimate beneficiaries of development? The book revolves around a discussion of the three values of voice, social contract, and accountability as they relate to the role and function of law, rule of law, justice, judicial systems and other related areas, in delivering development impact. Additionally, the book departs from the legal and includes other multidisciplinary approaches in its discussion of the three values and their impact on delivery in development. The range of issues covered by the book include those relating to human rights, government policy, urban development, resource management, gender, social rights, economic reforms, financial empowerment, opportunity creation, governance, urban law, sustainable development and anti-corruption.

Product Details

ISBN-13:	9781464803796
Publisher:	World Bank Publications
Publication date:	03/09/2015
Series:	Law, Justice, and Development Series
Sold by:	Barnes & Noble
Format:	eBook
Pages:	592
File size:	8 MB

Table of Contents

Foreword Albie Sachs xi

Preface Anne-Marie Leroy xiii

Editors and Contributors xv

Introduction: Improving Delivery in Development: The Role of Voice, Social Contract, and Accountability Hassane Cissé 3

Part I Human Rights and Development

1 Human Rights and Service Delivery: A Review of Current Policies, Practices, and Challenges Axel Marx Siobhán McInerney-Lankford Jan Wouters David D'Hollander 39

2 Delivering Development and Good Governance: Making Human Rights Count Rajeev Malhotra 59

3 The Right to Development: Translating Indigenous Voice(s) into Development Theory and Practice Felipe Gómez Isa 91

4 The Curse of Riches: Sharing Nature's Wealth Equitably? Emilio C. Viano 103

Part II Sustainable Development

5 Fostering Accountability in Large-Scale Environmental Projects: Lessons from CDM and REDD+ Projects Damilola S. Olawuyi 129

6 The Constitutional Regime for Resource Governance in Africa: The Difficult March toward Accountability Francis N. Botchway Nightingale Rukuba-Ngaiza 149

7 Conceptualizing Regulatory Frameworks to Forge Citizen Roles to Deliver Sustainable Natural Resource Management in Kenya Robert Kibugi 171

8 The Impact of the Legal Framework of Community Forestry on the Development of Rural Areas in Cameroon Emmanuel D. Kam Yogo 195

Part III Urban Law and Policy

9 Urban Law: A Key to Accountable Urban Government and Effective Urban Service Delivery Matthew Glasser Stephen Berrisford 211

10 Confronting Complexity: Using Action-Research to Build Voice, Accountability, and Justice in Nairobi's Mukuru Informal Settlements Jane Weru Waikwa Wanyoike Adrian Di Giovanni 233

11 "Good" Legislation as a Means of Ensuring Voice, Account-ability, and the Delivery of Results in Urban Development Maria Mousmouti Gianluca Crispi 257

Part IV Sexual and Gender-Based Violence

12 Justice Sector Delivery of Services in the Context of Fragility and Conflict: What Is Being Done to Address Sexual and Gender-Based Violence? Waafas Ofosu-Amaah Rea Abada Chiongson Camilla Gandini 273

13 Sexual Violence in Conflict: Can There Be Justice? Justice Teresa Doherty 299

Part V Improving Access to Justice

14 The Ministério Público of the State of Minas Gerais and the ADR Experience Danielle de Guimaraes Germano Arlé Luciano Luz Badini Martins 313

15 ICT-Driven Strategies for Reforming Access to Justice Mechanisms in Developing Countries Karim Benyekhlef Emmanuelie Amar Valentin Callipel 325

16 Courts and Regulatory Governance in Latin America: Improving Delivery in Development by Managing Institutional Interplay Rene Uruena 345

Part VI Anticorruption and Stolen Assets Recovery

17 The New Brazilian Anticorruption Law: Federation Challenges and Institutional Roles William Coelho Letícia Barbabela 365

18 Voice and Accountability: Improving the Delivery of Anticorruption and Anti-Money Laundering Strategies in Brazil Fausto Martin De Sanctis 391

19 Development-Oriented Alternatives to Debarment as an Anticorruption Accountability Tool Frank A. Fariello Jr. Giovanni Bo 415

20 Making Delivery a Priority: A Philosophical Perspective on Corruption and a Strategy for Remedy Morigiwa Yasutomo 437

21 Measures for Asset Recovery: A Multiactor Global Fund for Recovered Stolen Assets Stephen Kingah 457

Part VII Perspectives on the World Bank Inspection Panel

22 Improving Service Delivery through Voice and Accountability: The Experience of the World Bank Inspection Panel Dilek Barlas Tatiana Tassoni 477

23 The World Bank's Inspection Panel: A Tool for Accountability? Yvonne Wong Benoit Mayer 495

24 The Inspection Panel of the World Bank: An Effective Extrajudicial Complaint Mechanism? Karin Lukas 531

Concluding Remarks Alberto Ninio 545

Index 551