A tragedy of juridification in international development finance

Abstract

ABSTRACT This article criticises the growing reliance on environmental and social (ES) policies by development finance institutions (DFIs), and the increasing use of corresponding accountability mechanisms to challenge development projects. The concept of juridification is used to explain this phenomenon and shows the crucial role of global civil society in expanding the reach of ES policies and accountability mechanisms. Linked to the competition between DFIs in the “marketplace” of international development finance, juridification also enables legal avoidance practices by the DFIs. The article shows that juridification in international development finance is “tragic” because the expansion of ES policies further marginalises the affected groups needing legal protection.