The Law of Development Cooperation - A Comparative Analysis of the World Bank, the EU and Germany

DANN Philipp

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Summary

Development interventions are agreed by states and international organisations which administer public development funds of huge proportions. They have done so with debatable success, but, unlike the good governance of recipients, the rules applying to donors have hitherto received little scrutiny. This analysis of the normative structures and conceptual riddles of development co-operation argues that development co-operation is increasingly structured by legal rules and is therefore no longer merely a matter of politics, economics or ethics. By focusing on the rules of development co-operation, it puts forward a new perspective on the institutional law dealing with the process, instruments and organisation of this co-operation. Placing the law in its theoretical and political context, it provides the first comparative study on the laws of foreign aid as a central field of global public policy and asks how accountability, autonomy and human rights can be preserved while combating poverty. - Puts the law of development co-operation in its broader historical, political and theoretical contexts, thereby helping academics and practitioners gain a solid understanding of the normative standards applicable - Guides other researchers by outlining principles, setting out a general framework and posing further questions to be examined - Clarification of the normative standards with which development aid institutions must comply helps practitioners hold donor organisations responsible

Table of contents

Introduction Part I. Institutional and Intellectual History of Development Co-operation: 1. Formative years 2. Years of transformation Part II. Constitutional Foundations of the Law of Development Co-operation: 3. Institutions and legal framework 4. Principles of the law of development co-operation Part III. Administrative Law of Development Co-operation: 5. Programming the transfer of ODA 6. Transferring ODA through project aid 7. Transferring ODA through budget support 8. Transferring ODA through results-based financing 9. Accountability in ODA transfers Conclusions and future prospects.