This book explores whether the World Bank Group, despite not being formally bound by international human rights law, operates in accordance with it when financing investment projects involving indigenous peoples, who are often among the most impacted.

The inquiry proceeds along two principal strands, grounded in the distinction between operations targeting public and private sector recipients. First, it traces the evolution of the World Bank Group's policies on indigenous peoples, which are binding on its staff and, once incorporated into loan agreements, on financing recipients as well. Second, it examines the interpretative practice of the organization's Independent Accountability Mechanisms, which review compliance with these policies throughout the project cycle. It finds that the policies have evolved alongside key developments in international law and that the Independent Accountability Mechanisms consistently reference both hard and soft international legal instruments in their assessments.

Building on these findings, the book reconsiders whether the World Bank Group may, in fact, be subject to international human rights obligations. Departing from traditional deductive reasoning, it adopts an inductive approach grounded in institutional practice. It argues that the World Bank Group, as an international legal actor, is bound by an emerging body of rules and principles of general international law and calls for a reassessment of the organization's role in shaping the human rights discourse on indigenous peoples.

Proposes a different reading of the highly debated World Bank's approach towards human rights Provides an innovative analysis of its operational policies from a scarcely explored international legal standpoint Explores the practice developed by the World Bank's International Accountability Mechanisms in a comprehensive way

Autorentext

Dr. Silvia Solidoro currently holds a Research Fellowship at the Law Faculty of the University of Salento, Lecce, Italy. Her primary research interests lie at the intersection of international economic law and human rights. She earned her PhD in Economic and Market Law from the same University in 2011. From 2009 to 2016, she worked in Washington, D.C., USA, as a consultant for the International Finance Corporation of the World Bank Group. She subsequently joined the European University Institute in Florence, Italy, where she served as a Research Associate (2016-2021) and later as a Research Fellow (2021-2022) within the Robert Schuman Centre for Advanced Studies.

Inhalt

Introduction.- The Challenged Relationship Between Development and Human Rights in the Context of World Bank Group's Operations.- Relevant Practice Concerning Indigenous Peoples in Public Sector Projects.- Relevant Practice Concerning Indigenous Peoples in Private Sector Projects.- The World Bank Group's International Legal Obligations Regarding Indigenous Peoples' Rights.- Final Remarks.