Access to remedy in transnational development projects: The need for effective and comprehensive remedy ecosystems

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Abstract

It is observed in the Introduction of this special issue that the rule of law has been an integral part of the development of democratic systems of government in national states and features powerfully within contemporary ‘good-governance’ promotion in the Global South by development financial institutions (DFIs). However, the rule of law is predominantly used to emphasise the importance of stability of contract and protection of property in connection with transnational development projects (TDPs) and does not so much focus on the general stability of (e.g. indigenous) rights, access to justice and fairness. Thus, it is important to deviate from a narrow interpretation of the rule of law and include the role of all types of actors in safeguarding this rule of law.
Original languageEnglish
Pages (from-to)136-144
Number of pages9
JournalInternational Journal of Law in Context
Volume17
Issue numberSpecial Issue 1
DOIs
Publication statusPublished - 20 May 2021

Bibliographical note

Acknowledgements:
The author expresses his gratitude to Maartje van Putten (chair Dutch National Contact Point and
former member of the Worldbank inspection panel), Mercedes Sotoca and Arnaud Cohen Stuart (ING) for their valuable
suggestions regarding a previous version of this contribution

Copyright © The Author(s), 2021. Published by Cambridge University Press

Research programs

  • SAI 2008-06 BACT
  • ESL - Law & Sustainable Business

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