Liber Amicorum Ibrahim F. I. Shihata: International Finance and Development Law

This Liber Amicorum is dedicated to an exceptional lawyer who laid many foundations of international finance and development law - Ibrahim F.I. Shihata - in commemoration of his retirement from the World Bank after 15 years of service as Vice-President (later Senior Vice-President) and General Counsel, and Secretary-General of the International Centre for Settlement of Investment Disputes. Ibrahim F.I. Shihata's groundbreaking contributions to the theory and practice of international law arose out of his service in major international finance and development institutions. Among the positions he held prior to his service at the World Bank and ICSID were: Legal Adviser, Kuwait Fund for Arab Economic Development; Executive Director, International Fund for Agricultural Development; Director-General, OPEC Fund for International Development; and Chairman, International Development Law Institute. He shaped these institutions'legal architecture, and advanced these institutions'contribution to development. This Liber Amicorum brings together essays of incumbent or former general counsels or heads of the World Bank, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, the Islamic Development Bank, the Nordic Investment Bank, the International Fund for Agricultural Development, the OPEC Fund, the Arab Fund for Economic and Social Development, and other international finance and development institutions. Collectively with distinguished academics, jurists, and arbitrators in international tribunals, such as the International Court of Justice, World Trade Organization's Appellate Body, and the International Centre for Settlement of Investment Disputes, well-known practitioners and colleagues of Dr. Shihata at the World Bank's Legal Department, they write about current and emerging issues in international finance and development law. These include issues such as the various institutions'special development assistance profile, the settlement of international investment disputes, foreign investment law, legal and judicial reform, the environment, the rule of law, corruption, accountability of international financial institutions, etc., reflecting the broad spectrum of the part of law to the development of which Ibrahim Shihata contributed tremendously. Title Page Copyright Page Table of Contents FOREWORD CURRICULUM VITAE of Ibrahim F. I. Shibata INTRODUCTORY REMARKS by the Editors POSTSCRIPT ACKNOWLEDGEMENTS Shihata: The Man, The Mission Ibrahim Shihata, A National of Egypt Ibrahim F.I. Shihata: The Lawyer as a Dedicated Practitioner of Development Ibrahim Shihata and the Establishment of the International Fund for Agricultural Development Settlement of Disputes Between Parties From Developing and Industrial Countries Ibrahim Shihata and the Resolution of International Investment Disputes: The Masterful Missionary Arbitrating Entitlement to Dormant Bank Accounts Taiwan and International Financial Organizations The Vision of Ibrahim F.I. Shihata: A Multilateral Investment Insurer to Encourage Private Foreign Investment The World Bank and the Global Environment: Novel Frontiers? Morgan v. World Bank (Ten Years later) The Contribution of Ibrahim F.I. Shihata as scholar to the debates of L'Institut de Droit International During the Last Decade Swallowing Injustice to Build Community: latin America After the Era of State Terror Reflections on Good Governance, Development and Judicial Reform: Some Perspectives on the Problem of Judicial Corruption The Criminal Law Convention on Corruption of the Council of Europe The World Bank's Prototype Carbon Fund: Mobilizing New Resources for Sustainable Development Priorities for Rapid and Shared Economic Growth in Egypt IDLI: A New Model for NGO Structure, Sustainability and Growth Development Financing in Conformity with the Shari'ah: Instruments and Limitations The Establishment and Development of the Nordic Investment Bank - An Institution Sui Generis Notes on the Founding of the Inter-American Investment Corporation The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue Freedom of Establishment, Freedom of Capital Movements, and Freedom of Investment International Finance Corporation: Financing Environmentally and Socially Sustainable Private Investment The Asian Financial Crisis, Corruption and Legal Reform Charter Limitations on the Scope of Inter-American Development Bank Activities Changing Approaches to the Nationality of Claims in the Context of Diplomatic Protection and International Dispute Settlement The Timor Gap Treaty Revisited Ten Years On Signing and Ratifying Financial Agreements in Eastern Europe and Central Asia: The Kyrgyz and Romanian Laws on International Treaties The Regime for Lacunae in the ICSID Choice of Law Provision and the Question of Its Threshold Probing Probity: A Discourse on the Dark Side of Development Direct Foreign Investment and the Law in Developing Countries The Precautionary Principle: New Legal Battleground for Environment and Development? The World Bank's Role in the Promotion of the Rule of Law in Developing Countries Liability of Member States for Acts or Omissions of an International Organization The World Bank and the Human Right to Education Law and Development: An Empirical Study of the Evolution of the Legal Framework for Delivery of Multilateral Development Assistance: National Execution The World Bank and Tobacco Some Personal Reflections on Creating the Legal Department and Forming the Jurisprudence of a New International Financial Institution Creating Law in Changing Societies: The Case of Law for Privately Financed Infrastructure Projects The State, The Foreign Investor, and International Law: The No Longer Stormy Relationship of a Ménage à Trois LIST OF ABBREVIATIONS LIST OF PUBLICATIONS SHORT BIOGRAPHY OF THE AUTHOR OF THE FOREWORD LIST OF CONTRIBUTORS LIST OF EDITORS

This Liber Amicorum is dedicated to an exceptional lawyer who laid many foundations of international finance and development law - Ibrahim F.I. Shihata - in commemoration of his retirement from the World Bank after 15 years of service as Vice-President (later Senior Vice-President) and General Counsel, and Secretary-General of the International Centre for Settlement of Investment Disputes.
Ibrahim F.I. Shihata's groundbreaking contributions to the theory and practice of international law arose out of his service in major international finance and development institutions. Among the positions he held prior to his service at the World Bank and ICSID were: Legal Adviser, Kuwait Fund for Arab Economic Development; Executive Director, International Fund for Agricultural Development; Director-General, OPEC Fund for International Development; and Chairman, International Development Law Institute. He shaped these institutions' legal architecture, and advanced these institutions' contribution to development.
This Liber Amicorum brings together essays of incumbent or former general counsels or heads of the World Bank, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the Asian Development Bank, the African Development Bank, the European Bank for Reconstruction and Development, the Islamic Development Bank, the Nordic Investment Bank, the International Fund for Agricultural Development, the OPEC Fund, the Arab Fund for Economic and Social Development, and other international finance and development institutions. Collectively with distinguished academics, jurists, and arbitrators in international tribunals, such as the International Court of Justice, World Trade Organization's Appellate Body, and the International Centre for Settlement of Investment Disputes, well-known practitioners and colleagues of Dr. Shihata at the World Bank's Legal Department, they write about current and emerging issues in international finance and development law. These include issues such as the various institutions' special development assistance profile, the settlement of international investment disputes, foreign investment law, legal and judicial reform, the environment, the rule of law, corruption, accountability of international financial institutions, etc., reflecting the broad spectrum of the part of law to the development of which Ibrahim Shihata contributed tremendously.