Governança econômica global e sua arquitetura jurídica : uma análise do desenho institucional do novo banco de desenvolvimento e do banco asiático de investimento em infraestrutura
Аннотация:The aim of this thesis is, through a perspective of the political economy of law, to deepen the understanding of the challenges faced by developing countries in their transition from ruletakers to rule-makers in international normative space.To achieve such objective, this work undertakes a comparative analysis of the institutional design of two Multilateral Development Banks (MDBs) led by emerging countries, the New Development Bank (NDB) and the Asian Infrastructure Investment Bank (AIIB), one in relation to the other, and both of them in relation to the World Bank (International Bank for Reconstruction and Development -BIRD).An analysis of key elements of the institutional design of NDB and the AIIB in their substance and context reveals pragmatic choices.The central argument of this study is that the inception of the AIIB and the NDB promotes incremental innovations in the institutional design of international development cooperation organizations.This study associates these incrementations with the mild resistance of emerging countries to both the "concept" of development and "how" development is promoted by traditional development cooperation agencies, especially the most influential amongst them, the World Bank.In the context of reforms promoted by developing countries in the multilateral system of development finance, expectations of radical changes in policy and governance shift toward a more incremental and pragmatic approach to the legal-institutional reconfiguration of the Bretton Woods system.The study reflects on the practical-normative implications of the institutional design of the AIIB and the NDB, by reference to contemporary institutional and structural challenges and obstacles.It also provides recommendations for enhancing the effectiveness and legitimacy of multilateral regulatory structures of developing countries.
