Expounding the Place of Legal Doctrinal Methods in Legal-Interdisciplinary Research: Experiences with Studying the Practice of Independent Accountability Mechanisms at Multilateral Development Banks

Probably not a substantial claim: may not pass S3 (load-bearing).

The independent accountability mechanism practice database served as the project's analytical platform.

“The IAM-practice database 74 provides the project's analytical platform.”

Classified as probably not a substantial claim.

In Uganda: Power Projects, World Bank management decided that the Natural Habitats safeguard policy (OP/BP 4.04) did not apply because the project had identified offsetting actions for the inundation of Bujagali Falls, so it would not significantly convert or degrade a critical natural habitat under OP 4.04.

“Hence, management concluded, the project would not be 'significantly converting or degrading a 'critical natural habitat' as defined in OP 4.04.' 99”

• cites [98]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [99]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

Independent accountability mechanism practice shows tension between institutional performance areas serving commercial objectives and those serving public objectives, including avoiding and mitigating social and environmental harm.

“as well as the tension among institutional performance areas aimed at meeting commercial objectives and those aimed at public objectives, including the avoidance and mitigation of social and environmental 'harm' or material adverse effects.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Because the issue component was hypothesis-driven, the dynamic hypothesis played a central role in designing the data collection, categorisation, and configuration processes.

“Because the issue component of the database is hypothesis-driven, the dynamic hypothesis plays a fundamental role during the database design stage -especially with regard to designing the data collection, categorisation, and configuration processes.”

• AssumptionThe authors state this as an assumption: The project's initial dynamic hypothesis assumed that courts performing judicial review and citizen-initiated accountability mechanisms at multilateral development banks performing fact-finding and compliance review are functionally equivalent.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims. The quote only partly states this claim.

The dynamic hypothesis guided the database design and helped direct data collection and configuration.

“the dynamic hypothesis would inform and direct the inquiry to look for 'needles in particle areas of the hay stack', whereas legal doctrinal methods, as will be discussed in the remainder of the article, would assist with the identification and categorisation ('coding') of collected data.84”

• AssumptionThe authors state this as an assumption: The project's initial dynamic hypothesis assumed that courts performing judicial review and citizen-initiated accountability mechanisms at multilateral development banks performing fact-finding and compliance review are functionally equivalent.

May combine two claims.

In the project, conceptual models and the independent accountability mechanism practice database were two closely related mechanisms that enabled integration of different methods, theories, and research questions.

“In this project, two (closely related) mechanisms facilitate such integration: conceptual models 73 (discussed in Section 4) and the IAM-practice database ('database'), which will be introduced in the remainder of this section.”

Classified as probably not a substantial claim.

The IAM-practice database serves as the analytical platform of the research project.

“This database constitutes the analytical platform of the research project”

Probably not a substantial claim: may not pass S3 (load-bearing).

Through normativity as a shared surface, the team could interact by reasoning from and through the norms in the data source material.

“through the 'shared surface' offered by normativity, the team could interact by reasoning from and through the norms contained in the data source material.”

Classified as probably not a substantial claim. May combine two claims.

The Panel argued that the phrase did not give management a blank check to apply or not apply policy provisions to a project, but required management to form and expressly provide an opinion on the issue.

“However, the Panel argued, the inclusion of this phrase in the policy did not imply or give Management a blank check to apply or not certain policy provisions to a specific project but rather requires Management to form and provide expressly an opinion on the issue in”

Probably not a substantial claim: may not pass S3 (load-bearing).

The detailed issue tree underlying the quasi-judicial review model formed the basis for designing the issue-view component of the database, with each branch representing a distinct data category or issue code.

“Ultimately, the detailed issue tree underlying the (quasi-) judicial review model formed the basis for the design of the issue-view component of the IAM-practice database, with each 'branch' of the issue tree representing a distinct data category (or issue 'code').92”

• AssumptionThe authors state this as an assumption: The conceptual model assumed that quasi-judicial institutions assert and expand their de facto independence and authority relative to political institutions, but not without limit, because backlash from political institutions eventually constrains further growth.
• AssumptionThe authors state this as an assumption: The conceptual model assumed that quasi-judicial institutions fluctuate between activism and restraint, and that their survival requires incremental expansion along a general line of progression.
• AssumptionThe authors state this as an assumption: The conceptual model assumed that quasi-judicial institutions assert and expand their authority relative to political institutions by developing doctrines, principled approaches, or interpretative schemes such as the margin of appreciation doctrine.

Classified as probably not a substantial claim.

Component (5) of the database required a significant degree of interpretation.

“What further distinguishes component (5) is the fact that it involves a significant degree of interpretation.”

Classified as probably not a substantial claim. May combine two claims.

The project used these methods to analyse landmark cases in national and supranational constitutional systems and judicial-political dynamics, and to analyse a subset of independent accountability mechanism practice material.

“The project employed these methods to analyse landmark cases in a number of national and supranational constitutional systems, as well as the dynamics between judicial and political institutions; 90 and, to analyse a subset of IAM-practice material.”

Classified as probably not a substantial claim.

Most of the project's source data is text, though atypical legal text.

“most of the project's source data is text (albeit a-typical legal text)”

Probably not a substantial claim: may not pass S3 (load-bearing).

Legal doctrinal methods proved to be a synergetic fit with the recursive approach to problem solving underlying this project.

“Legal doctrinal methods have, however, proved to be a synergetic fit with the 'recursive approach to problem solving' underlying this project.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Regular review of recently collected and configured data ensured data quality and often led to refinement of the conceptual model and database design.

“The team would regularly review recently collected and configured data, which would not only ensure data quality but would often also result in further refinement of the conceptual model and the database design.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Legal norms can be distinguished from non-legal or social norms by criteria that assess their relative degrees of legality and obligation.

“Moreover, legal norms can be distinguished from non-legal or social norms by employing 'criteria' that assess their relative degrees of 'legality' and 'obligation'”

• cites Brunnée and ToopeNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

A second MDB response to accountability concerns was the creation of independent accountability mechanisms.

“A second response, which is of particular significance for this discussion, concerns the establishment of independent accountability mechanisms.”

May combine two claims.

Different forms of transnational regulatory governance share core features, including a shift from formal to informal governance arrangements that makes the formal/informal distinction often ambiguous.

“Different forms of transnational regulatory governance, moreover, share core characteristics.These include, for example, a shift from formal to informal governance and regulatory arrangements, structures, and processeswhich means that the distinction between what is considered 'formal' and 'informal' often becomes ambiguous.”

• cites Von Bogdandy et al., above n.2Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Academic commentators, including the author, tend to view independent accountability mechanisms as hybrid mechanisms with some court-like features.

“academic commentators (including this author) tend to view IAMs as 'hybrid' mechanisms with certain court-like features.58”

• cites [58]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The creation of IAMs put individuals, for the first time in public international law history, in a legally relevant relationship with an international organisation.

“The establishment of IAMs placed individualsfor the first time in the history of public international law -in a 'legally relevant relationship' vis-à-vis an international organisation.”

• cites E. HeyNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Interdisciplinary approaches are well suited to inquiry that can shed new light on real-world problems.

“Interdisciplinary approaches, despite their challenges, are well equipped to facilitate inquiry that can 'shed new light on … actual problem[s]'.”

• cites BrewerNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Independent accountability mechanism practice offers a distinctive view of multilateral development bank lending operations and may also support inquiry into matters that are not wholly legal or only law-related.

“As the research project proceeded, it became increasingly clear that IAM-practice provides a unique window onto MDB development-lending operations that might also facilitate inquiry into matters that are not 'entirely legal', or that are merely 'law related'.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The World Bank's operational policy framework is the Inspection Panel's only basis for review.

“The World Bank's operational policy framework forms the Panel's only basis for review”

• cites Inspection Panel Resolution (1993)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

MDBs worry that claims filed at IAMs could be used to challenge their qualified immunity before domestic courts, as happened in at least one unsuccessful instance in the World Bank Inspection Panel's history.

“MDBs are concerned that claims filed at the IAMs might be used as a basis for challenging their qualified immunity before domestic courtsas had occurred in at least one (unsuccessful) instance in the institutional history of the World Bank Inspection Panel”

• cites ShihataNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

Multilateral development bank development-lending operations are a form of transnational regulatory governance.

“The development-lending operations of multilateral development banks are described as a form of transnational regulatory governance for a number of reasons”

May combine two claims.

IAMs give affected individuals an avenue of recourse and at least the possibility of redress.

“In other words, the IAMs also provide affected individuals with an avenue of recourse as well as (at least) the potential for redress.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The classification of IAMs as non-judicial or quasi-judicial is contested and tied to debate over the legal character of MDB operational policy frameworks.

“That being said, the 'non-judicial' versus 'quasi-judicial' nature of these bodies remains a point of contentionand is also related to debate about the legal nature of the MDBs' operational policy frameworks.”

May combine two claims.

The World Bank Inspection Panel was the first IAM of its kind, and its creation led to similar developments at other MDBs.

“For a history of the Inspection Panel's establishment, the first IAM of this kind, and which establishment led to similar developments at other MDBs, see e.g.Shihata”

• cites ShihataNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Safeguard policies form a critical part of MDB operational policy frameworks and aim to manage environmental, social, and economic risks.

“A critical part of these operational policy frameworks includes the safeguard policies, which are aimed specifically at managing environmental, social, and economic risks.”

Classified as probably not a substantial claim.

For legal scholars doing this research, intermediate proficiency with standard software such as MS Excel and a sound grasp of key concepts and analytical tools in IT project management can be effective and cost-efficient.

“an intermediate level of proficiency with standard software such as MS Excel as well as a sound understanding of the principles behind key theoretical concepts and analytical tools employed in an area such as IT project management, 6 for instance, can be decidedly effective -not to mention, cost efficient.”

Classified as probably not a substantial claim.

The project concluded that the issue of multilateral development bank accountability needs to be addressed through a legal-interdisciplinary approach.

“Hence, the project concluded that the issue of 'MDB-accountability' needs to be addressed by means of a legal-interdisciplinary approach.”

• cites [68]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [69]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [71]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

The primary purpose of an interdisciplinary approach is solving real-world problems.

“This article views the primary purpose of an interdisciplinary approach (or, the principle motivating factor for employing such an approach) as 'problem solving in the real world'.”

• cites Hirsch Hadorn et al.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Examples from Chile Pangue and Chad Petroleum show how law gains a place in transnational regulatory governance through thin procedural commitments and expands it by facilitating thick substantive commitments via the dispute resolution triad.

“Examples such as these demonstrate how law attains its place in transnational regulatory governance contexts through 'thin' (procedural) normative commitments”

• Also stated in: § 4.2 Developing the Database: Legal Doctrinal Analysis Supporting Data Collection and Classification · plain

  “and also how law secures and expands its place in these contexts by facilitating the realisation of 'thick' (substantive) normative commitments -notably, by means of the 'dispute resolution triad' formed between individual claimants, MDB Management (the 'respondents'), and IAMs (with Executive Board usually acting as final arbitral body).”

• cites Brunnée and Toope, above n.16, at 86Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Shapiro and Stone Sweet, above n.60Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

MDB development-lending operations involve many state and non-state actors, including project-affected people, who participate in activities, governance structures, and processes around MDB-financed projects.

“MDB development-lending operations 27 involve a wide range of state and non-state actors -including individuals ('project-affected people') 28 -participating (in various capacities) in the activities, governance structures, and processes surrounding development projects financed (or co-financed) by MDBs.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

IAMs are mandated to enforce relevant operational policy frameworks and, through fact-finding, problem-solving, compliance review, policy advice, and monitoring, to strengthen MDB management and governance.

“These bodies are mandated to enforce the relevant operational policy frameworks and, through their functions of fact-finding, problem-solving, compliance review, policy advice, and monitoring, to strengthen the MDBs' management and governance structures.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Transdisciplinary research aims to better fit academic knowledge production to societal needs for solving, mitigating, or preventing problems.

“which 'aims at better fitting academic knowledge production to societal needs for solving, mitigating, or preventing problems'.”

• cites Hirsch Hadorn et al.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The legal character of MDB operational policy frameworks is contested.

“The 'legal nature' of these operational policy frameworks remains a point of contention.”

Probably not a substantial claim: may not pass S2 (checkable).

Once legal researchers overcome the methodological obstacles of IAM-practice material's format and content, they intuitively know what to do with the data.

“once legal researchers overcome the methodological obstacles presented by the particular format and content of IAM-practice material -which include an ambiguous and inconsistent use of legal terminology (by claimants, MDB management, Board of Executive Directors, and IAMs alike) 128 -they intuitively know 'what to do with the data'.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The experience of this research project indicates that integrating legal doctrinal methods is no more or less challenging than integrating other elements.

“the experience with this research project indicates that the integration of legal doctrinal methods does not present any more or less of a challenge than those of other elements.”

May combine two claims.

Claims filed before IAMs arise from conflicts of social practice, as legal cases do, and resolving them requires interpretative techniques and principled or reasoned schemes similar to those used by courts.

“the claims filed before IAMs 'arise out of the conflicts of social practice', 126 as is true for legal cases, and the resolution of such claims require the deployment of interpretative techniques and principled or reasoned interpretative schemes similar to those employed by courts.”

• cites [126]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites [127]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.