Good Governance and Modern International Financial Institutions

AIIB Yearbook of International Law 2018

Series:

Editors: Peter Quayle and Xuan Gao
This first volume of the AIIB Yearbook of International Law (AYIL), edited by Peter Quayle and Xuan Gao, is based upon the inaugural 2017 AIIB Legal Conference, both titled, Good Governance and Modern International Financial Institutions (IFIs). Following a Preface by the General Counsel of the AIIB and General Editor of AYIL, Gerard Sanders, and an Introduction by the Editors, this volume of AYIL draws upon expertise from other IFIs, international law and governance practitioners, and eminent academics. It is divided into three parts to reflect a series of dimensions to the good governance of IFIs. Firstly, the role of the membership of IFIs as expressed through their executive governance organs. Second, the legal basis of governance of IFIs. And third, the interaction around governance between IFIs and external stakeholders.
This volume concludes with the text of the 2017 AIIB Law Lecture, delivered by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, Miguel de Serpa Soares on the subject of ‘The Necessity of Cooperation between International Organizations’ and a summary report on the proceedings of the 2017 AIIB Legal Conference.
The first volume of AYIL was launched at the Annual Meeting of the Board of Governors of the AIIB in Mumbai, India, June 2018.

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Biographical Note

Peter Quayle is Chief Counsel, Corporate, at the Asian Infrastructure Investment Bank, and is a member of the management team of the Office of the General Counsel. He is formerly Associate Director, Senior Counsel of the European Bank for Reconstruction and Development and Legal Advisor of the Office of Foreign Litigation, Civil Division European Office, of the US Department of Justice. He was educated at the Universities of Oxford and London and is a solicitor of England and Wales. He is Visiting Professor of International Organizations Law at Peking University Law School.

Xuan Gao is Chief Counsel, Institutional, at the Asian Infrastructure Investment Bank, and is a member of the management team of the Office of the General Counsel. He has formerly served in various positions the International Fund for Agricultural Development, the European Bank for Reconstruction and Development, INTERPOL and the People’s Bank of China. Dr Gao has published extensively on topics of public international law and international economic law with Oxford and Kluwer, among others. He has held various guest and visiting professorships including at Loyola University Chicago, Peking University and China University of Political Science and Law. He is also the Deputy Editor-in-Chief of the Manchester Journal of International Economic Law. Dr Gao received his Ph.D. and LL.M. from the University of Manchester and LL.B. from China University of Political Science and Law.

Table of contents

Preface
Gerard Sanders
Introduction: Good Governance and Modern International Financial Institutions
Peter Quayle and Xuan Gao

Part 1: The Governance Role of the Boards of International Financial Institutions


1 Board Effectiveness in International Financial Institutions: A Comparative Perspective on the Effectiveness Drivers in Constituency Boards
Stilpon Nestor
2 Gender Diversity on Boards: A Cause for Multilateral Organizations
Marie-Anne Birken and Gian Piero Cigna
3 International Financial Institution Governance: The Role of Shareholders
Whitney Debevoise

Part 2: The Governance Basis of International Financial Institutions


4 The Rule of Law in the International Monetary Fund: Past, Present and Future
Yan Liu
5 Governance of the Asian Infrastructure Investment Bank in Comparative Context
Natalie Lichtenstein
6 The Evolving Jurisprudence of the International Administrative Tribunals: Convergence or Divergence?
Joan S. Powers

Part 3: The Governance Vocation of International Financial Institutions


7 Open Data for Development: The World Bank, Aid Transparency, and the Good Governance of International Financial Institutions
Catherine E. Weaver
8 The Making of Global Public Authorities: The Role of IFI s in Setting International Labor Standards
Yifeng Chen
9 The World Bank’s Sanctions System: Using Debarment to Combat Fraud and Corruption in International Development
Pascale Hélène Dubois, J. David Fielder, Robert Delonis, Frank Fariello and Kathleen Peters

Part 4: 2017 AIIB Law Lecture


10 The Necessity of Cooperation between International Organizations
Miguel de Serpa Soares

Part 5: 2017 AIIB Legal Conference Report


11 AIIB Legal Conference Report
Christopher Smith

Readership

All international legal practitioners, academics and students interested in international law, international organizations (including international financial institutions), the Asian Infrastructure Investment Bank generally, and the international legal status and accountability of multilateral institutions, together with good governance.

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