Responsabilidade de estados e organizações internacionais em operações de financiamento de projetos governamentais: um olhar crítico sobre as salvaguardas socioambientais

Abstract

In line with the contemporary agenda of international economic law and its critical formulation, this article recalls the theoretical debate on the effectiveness of the monitoring mechanisms for international loans and social-environmental safeguards within the relations between states and international organizations. In spotlight, there are concepts of ‘fair governance’ and policy review over financing transactions and governmental projects, as suggested by the examples provided by the World Bank. With this goal in mind, the article explores some research issues surrounding the fragilities and asymmetries of the exisiting legal regime of responsibilities in international law: the symptomatic framework of involuntary resettlements; the selectiveness of actions and wrogful acts targeting international obligations on human rights and environmental protection; and the offensive through the interplay between financial obligations and human rights. The Brazilian practice may be briefly outlined from the standpoint of foreign debt related transactions carried out by the State and federative entities, and the relevant social and environmental impacts arising from local projects financed by the World Bank. It concludes with some recommendations upon the necessary convergence of powers and shared responsibilities among states and international organizations, with the possible adoption of human rights impact assessment studies (HRIAs) within the scope of desiging and execution of those projects.