Public Law Studies Quarterly

Monitoring the performance of international economic organizations; a ‎case study of the International Bank for Reconstruction and ‎Development

Articles in Press

Document Type : Article

Authors

Abasali Kadkhodaee 1
mohammad moghaddami 2

1 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, ‎Tehran, Iran‎

2 Ph.D. Student in International Law, Department of Public and International Law, Faculty of Law ‎and Political Science, University of Tehran, Tehran, Iran

https://doi.org/10.22059/jplsq.2023.349606.3197
Abstract
The complex nature of international organizations, which have independent legal personality and on the other hand, are composed of members on whom the life of the organization depends; It requires many requirements and supplies, including the necessity of the existence of a monitoring mechanism for the performance of international organizations. The need for a regulatory mechanism is felt more than other organizations in the case of international economic organizations such as IBRD. Such a monitoring mechanism for international organizations will be efficient and effective without a doubt when it is formed in accordance with the frameworks and rules of the international law system. Therefore, in the upcoming research, an attempt has been made to answer whether international organizations will be subject to efficient, transparent and predetermined regulatory mechanisms after their establishment, using the descriptive-analytical research method and library information collection method. In general, due to the inherent characteristics of the international law system, effective regulatory mechanisms are not foreseen in it; But according to the author's belief, a permanent monitoring pillar based on the organization's founding document and on par with the comprehensive pillar, can set the highest level of supervision in an international organization.

Keywords

Laws of international organizations
international economic organizations
International Bank for Reconstruction and Development
supervision of international organizations
supervision
supervisory mechanisms
Subjects

  1. English

    1. A) Books
    2. Shaw QC, M. (2008). International Law. New York, Cambridge University Press, Sixth edition.
    3. Crawford, J. (2012). Brownlie's Principles of Public International Law. London, Oxford University Press, eighth Edition.
    4. Klabbers, J. (2002). An Introduction to International Institutional Law. New York, Cambridge University Press, first edition.
    5. Aust, A. (2005). Handbook of International Law. New York, Cambridge University Press, second edition.

     

    1. B) Articles
    2. Wilde, R (2005). Enhancing Accountability at the International Level: The Tension Between International Organization and Member State Responsibility and the Underlying Issues at Stake. ILSA Journal of International and Comparative Law12. 395-415.
    3. Aspremont, J. (2007). Abuse of the Legal Personality of International Organizations and the Responsibility of Member States. International Organizations Law Review. 91-119.
    4. Warbrick, C., & Cheyne, I. (2008). The International Tin Council. New York, Cambridge University Press. 931-935.

     

    1. C) Document
    2. The Vienna Convention for the Protection of the Ozone Layer, 1985.
    3. United Nations Convention on the Law of the Sea, 1982.
    4. Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies, 1967.
    5. A/RES/36/229, Administrative and budgetary co-ordination of the United Nations with the specialized agencies and the International Atomic Energy Agency, 18 Dec. 1981.
    6. A/RES/32/197, Restructuring of the economic and social sectors of the United Nations system, December 20, 1977.
    7. Summaries of Judgments, Legality of the Use by a State of Nuclear Weapons in Armed Conflict, Advisory Opinion of 8 July 1996, p 89
    8. Reports of Judgments, Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion of 11 April 1949, p 174.
    9. Fourth report on relations between States and international organizations (second part of the topic), Yearbook of the International Law Commission, 1989, Vol. II, (part one), p. 157.
    10. International Bank for Reconstruction and Development, Articles of Agreement, as amended effective June 27, 2012.
    11. International Covenant on Civil and Political Rights (ICCPR)
    12. European Convention on Human Rights and Fundamental Freedoms (ECHR)
    13. Statute of the Administrative Tribunal of the International Bank for Reconstruction and Development, International Development Association and International Finance Corporation as adopted by the Board of Governors on April 30, 1980, and amended on July 31, 2001 and June 18, 2009.
    14. The International Bank for Reconstruction and Development (IBRD) Annual Report, 2021.

     

    References In Persian:

    1. Beigzadeh, Ebrahim (2018). Laws of International Organizations, Tehran, Majd Publications, 7th edition (In Persian).
    2. Firouzmandi, Faraz (2013). World Bank and Human Rights; The opportunities and challenges of the future from the perspective of international law (with preface by Dr. Seyyed Ghasem Zamani), Tehran, Shahrdanesh Publications (In Persian).
    3. Ghazi Shariat Panahi, Seyyed Abulfazl (1996). Essentials of constitutional rights, Tehran, Mizan Publications, 5th edition (In Persian).
    4. Katouzian, Nasser (2012). Introduction to the science of law and study in Iran's legal system, Tehran, publishing company, 87th edition (In Persian).
    5. Kayani, Habib allah (2018). Career support for the employees of international organizations in international law, doctoral dissertation in the field of law, international law, Faculty of Law and Political Sciences, Allameh University (In Persian).
    6. Musazadeh, Reza (2016). International Organizations, Tehran, Mizan Publications, twenty-sixth edition (In Persian).
    7. Omid Zanjani, Abbas Ali and Mousazadeh, Ibrahim (2010). Supervision of government practices and administrative justice, Tehran, Tehran University Press (In Persian).
    8. Rasekh, Mohammad (2008). Supervision and balance in the basic verification system, Tehran, Drak Publications (In Persian).
    9. Zamani, Seyyed Qasim (2015). Collection of International Documents, Tehran: Shahr Danesh Publications, first edition (In Persian).
    10. Zamani, Seyyed Qasim (2017). Laws of International Organizations, Tehran, Shahr Danesh Publications, second volume, second edition (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 22 June 2025

  • Receive Date 11 October 2022
  • Revise Date 22 March 2023
  • Accept Date 26 June 2023

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