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DISCLOSURE STATEMENT
No potential conflict of interest was reported by the author(s).
Notes
1 OECD (2018), OECD Due Diligence Guidance for Responsible Business Conduct.
2 Caribbean Development Bank, Environmental and Social Review Procedure (ESRP), December 2014.
3 Ibid, 1.
4 The 2005 Common Framework for Environmental Assessment, prepared by the Multilateral Financial Institutions Technical Environment Working Group; CDB, ESRP (n 2), 2.
5 CDB, ESRP (n 2), 13.
6 CDB identifies an ‘Affected Community’ (in the Glossary of Terms of the ESRP) as a community at risk from potential negative environmental or social impacts of a development project. The ESRP (para 2.09) requires that recipients of CDB financing initiate early engagement, participation, consultations and disclosure of information to parties likely to be affected by significant negative impacts from the investments projects it finances (project-affected people).
7 Jam v. International Finance Corporation 172 F. Supp. 3d 104 (D.D.C. 2016).
8 CDB, ESRP (n 2), 2.
9 CDB, ESRP (n 2), Appendix 1.
10 Ibid, 3. The CES was formerly called a Country Strategy Paper.
11 Ibid, 5.
12 Ibid, 8.
13 Ibid, 13.
14 Ibid, 3.
15 Ibid, Appendix 6.
16 Ibid, Appendix 8.
17 Ibid, 14.
18 Ibid, 15.
19 Ibid, 3.
20 Ibid, Appendix 8.
21 Interview with Elbert Ellis, Senior Operations Officer (Social Analyst), Projects Department, Caribbean Development Bank (Wildey, Barbados, October 2022).
22 CDB, General Provisions Applicable to Loan Agreements, Articles VIII and IX.
23 Interview with Elbert Ellis, Senior Operations Officer (Social Analyst), Projects Department, Caribbean Development Bank (Wildey, Barbados, October 2022).
24 International Finance Corporation, ‘Addressing Grievances from Project-Affected Communities: Guidance for Projects and Companies on Designing Grievance Mechanisms (Good Practice Note, September 2009) 35.
25 CDB, ESRP (n 2) 10.
26 CDB, Projects Complaint Mechanism Policy, 2–4.
27 Advisory Opinion of the ICJ interpreting the Agreement of 25 March 1951 between the WHO and Egypt 1980 I.C.J. Rep. 73, paras 89–90, cited by Ellen Campbell, Elizabeth Dominic, Snezhana Stadnik and Yuanzhou Wu in ‘Due Diligence Obligations of International Organizations under International Law’ [2018] International Law and Politics 541.
28 Article 48 of the Agreement establishing the Caribbean Development Bank.
29 Article 49 of the Agreement establishing the Caribbean Development Bank.
30 Article III of the Agreement between the Caribbean Development Bank and the Government of Barbados regarding the Headquarters of the Caribbean Development Bank, as amended.
31 Michael N. Schmitt, ‘In Defense of Due Diligence in Cyberspace’, [2015] 125 Yale Law Journal 73, cited by Campbell, Dominic, Stadnik and Wu in ‘Due Diligence Obligations of International Organizations under International Law’ [2018] International Law and Politics 541.
32 Campbell and others, (n 27) 541.
33 See id.
34 Category “A” projects. CDB, ESRP (n 2), Appendix 2.
35 CDB, ESRP (n 2) 11.
36 Robert P. Barnidge Jr, ‘The Due Diligence Principle under International Law’ [2006] International Community Law Review 81, 83 (noting that the breach of due diligence under international law is based on the breach of an international obligation), cited by Campbell, Dominic, Stadnik and Wu in ‘Due Diligence Obligations of International Organizations under International Law’ [2018] 541.
37 Mark Taitt v Caribbean Development Bank (2019, High Court) CV No. 1467 of 2017.
38 Caribbean Development Bank Act, Chapter 323A of the laws of Barbados.
39 Alina Kaczorowska-Ireland, Public International Law (Routledge 5th edn 2015) 440–41.
40 Rishi Gulati, Access to Justice and International Organisations (Cambridge University Press 2022) 19–38.