Stéphanie de Moerloose's research while affiliated with University of Geneva and other places
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Publications (7)
This comprehensive Encyclopedia is an indispensable resource in the area of law and development. Bringing together more than 80 entries, the Encyclopedia spans a variety of approaches, contextualised histories, recent developments and forward-looking insights into the role of law in development. It is an invaluable reference point for scholars seek...
The question of the consent of indigenous peoples is at least as old as colonization. Indeed, the consent of indigenous peoples was already an issue at the heart of treaty-making between colonial settlers and indigenous peoples. The issue of indigenous peoples’ consent, understood as their Free, Prior and Informed Consent (FPIC), has been re-emergi...
While judicial bodies have proliferated in the last fifty years in a process that has been deemed “quasi-anarchic” (Guillaume, G., 2000) creating a risk of inconsistency in their decisions which would endanger the international law system, quasi-judicial bodies such as Multilateral Development Banks' accountability mechanisms are not spared by this...
Multilateral Development Banks (hereinafter MDBs) have evolved from avoiding non-economic considerations, as required in most of their charters, to officially supporting sustainable development. This transformation is due not only to international law, civil society pressure or internal adjustments, but in part to the emulation phenomenon between t...
This article introduces a series of papers prepared for the “2016 Law and Development Conference: From the Global South Perspectives,” held in Buenos Aires, Argentina and co-sponsored by Universidad Austral, the Law and Development Institute and the Inter-American Development Bank’s Institute for the Integration of Latin America and the Caribbean (...
This paper argues that the World Bank’s adoption of the principle of sustainable development is an example of the persistence of the law and development approach. Indeed, the World Bank’s interpretation of the principle translates into its projects; through soft law and loan conditionality, it applies to the borrower and regulates behaviors at the...
Citations
... In this sense, the UNHRTBs have been relevant as a means to develop the links between civil, political, social, economic and cultural rights and FPIC, based on identifying some threshold for requiring consent, the geographical scope of FPIC and the adoption of domestic legislation (Barelli, 2012). In addition, the UNHRTB also ties into FPIC in terms of the right to self-determination (de Moerloose, 2020). ...
... The safeguards vary in each IFIs, but some topics are commonly covered throughout the MDBs. Each has provisions on at least certain aspects of biodiversity and natural resources; pollution; community health, safety and security; occupational health and safety; climate change; cultural resources and heritage; indigenous peoples; land acquisition, resettlement or gender (Himberg 2015; Mbengue and de Moerloose 2017). However, these topics are dealt with differently, which marks a disparity between MDBs on the extent to which they adhere to human rights standards. ...
... Ladan (2018) emphasized on the importance of temperature checking of the key factors of sustainable development including economic, social, and environmental pillars, in implementing the SDGs. Furthermore, Moerloose (2017) explained the connection between law and development, and such a connection can be further enhanced through an implementation of international development project and adoption of national development policies. Whereas Tecklin et al. (2011) investigated the character and impact of environmental regime on Chile's environmental policy-making process. ...
