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Development Disrupted - CH - I - Constructing - Development
Development Disrupted - CH - I - Constructing - Development
Development Disrupted - CH - I - Constructing - Development
Constructing Development
rebuilding a devastated post-war Europe, while the IMF would monitor and
regulate the international monetary system.
Yet even if Global South development was not initially in their portfolios,
both entities have had an extraordinary sway that evolved over time; IFI dogma
eventually enveloped an ever-widening array of governmental functions.5
Eventually, IFIs influenced, and sometimes all but completely controlled
the policy-making processes of many poor countries.6 Their evolution into
institutions whose primary focus is the Global South was partly due to events
in the West, but also tells us much about the evolving development paradigm
where both institutions are key players.
down.68 When interest rates rose dramatically in the 1980s, however, these
debts became much more costly. This eventually meant rising deficits that
countries were unable to repay, and most low income countries had to borrow
to service these debts.69 Yet by the 1980s, the prevailing economic dogma was
free market monetarism and loans came with the heavy cost of
conditionality.70 Along with structural adjustment and the Washington
Consensus, conditionality became critical aspects of IMF and World Bank
development policies.71 Thus, the global recession in the 1970s and the oil
crisis of the 1980s made IFIs more influential than ever and many poor nations
were in dire need of financial assistance that now came at a steep price.
The global recession of the 1970s “destroyed the post-war Keynesian con-
sensus, paving the way for profound changes in western economic thought,”
and a new age of American-led globalization.72 When OPEC dramatically cut
oil supplies and blocked oil shipments to Western nations, oil prices quadru-
pled and a global recession ensued.73 Unemployment and inflation rose
simultaneously and Keynesian economic models had few explanations or
answers for this phenomenon.74 Eventually, a new paradigm emerged that
took the “heavy hand of government” out of the equation and replaced it with
“supply and demand as the driving force.”75 As free market fundamentalism
took hold in the United States, it soon came to dominate the agendas of the
World Bank and IMF. Accordingly, IFI ideology took an abrupt turn in 1980;
Western free-market democracy, and “[f]ree markets and democratic plural-
ism were deemed the optimal means to organize society.”76
IFIs required debtors to implement structural adjustment policies to
address ballooning deficits.77 Adjustment lending consisted of six core object-
ives: raising saving rates; securing financial stability; liberalizing and opening
economies to foreign trade; reducing state intervention and making markets
more efficient; re-orienting government spending and improving revenue
collection; and mobilizing external resources.78 These policy prescriptions
transformed the IMF from an institution primarily concerned with stabilizing
global exchange rates into an organization deeply involved in the social and
political policies of poor Global South countries.79
Conditions are always part of IMF lending, but were limited to
macroeconomic variables such as debt, the money supply, and inflation
rates.80 Moreover, although the IMF sought specifically prescribed
macroeconomic objectives, it had not been concerned with how their
Members reached those goals. Economists and other experts now
thought that standard short-term lending requirements were inadequate
to address the development problems facing Global South nations.
Accordingly, the Fund began to rely on longer-term financing
this often conflicted with meeting societal needs.96 While higher interest rates
may attract foreign investors, they can also inflict severe economic pressure on
small businesses, including farmers, who may be unable to obtain operating
capital and thus must sell their land.97 Eliminating tariffs can promote access
to domestic markets, but it can also make it much more difficult for local
producers to compete against foreign suppliers and, as local businesses fail,
jobs vanish. Encouraging agricultural production for export may mean har-
vesting cash crops, which can cause domestic food shortages and accelerate
soil erosion.98 Thus, SAPs tended to make countries more dependent on
imported goods and manufactured items, to overexploit their natural
resources,99 and often led to a severe deterioration in living conditions.100
Reducing the public sector also meant an increase in unemployment because,
in many Global South countries, the state is the largest employer, and thus
privatizing state undertakings often meant additional hardship for the general
population.101 Extensive reductions in government subsidy programs led to
violent protests as even necessities became unaffordable102 Structural adjust-
ment thus came to be associated with human rights abuses and threats to
democracy.103 Consequently, at a minimum, SAP policies tended to make the
impoverished even poorer, destroy labor unions and labor rights, and wipe out
local enterprises that were unable to compete with large multinational
corporations.104
The social shocks and havoc wrought by SAPs are legendary.105 IFIs com-
pelled African and other Global South nations to adopt these policies in the
name of “economic truths” that essentially required suspending moral and
social values, in light of the “enormously destructive social consequences and
human costs wrought by SAPs.”106 When measured against their stated goal
and even if not intended, IFIs based SAPs on policies that were likely to
generate cruel and ineffective results.107 Some contended that SAPs amounted
to “economic coercion.”108 Others contended that SAPs were intended to
further Western interests, such as servicing Global South debt repayment to
Western banks or facilitating Western capital movements.109
However, not all commentators agreed, and some viewed SAPs more
favorably.110 Yet, even when viewed in a more positive light, the conditions
imposed by SAPs curtailed the governing capacity of Global South states by
vastly limiting the range of available economic, political, and social policy
options.111 Accepting financial assistance from the World Bank or the IMF
meant delegating considerable state decision-making authority to these
institutions, as conditionality and structural adjustment programs fore-
closed political prerogatives that are generally at the core of state
sovereignty.112
Of course, all of this might have been somewhat palatable if SAPs had
been successful; unfortunately, they were generally a failure. As the
1980s drew to a close, poor countries were poorer, more debt-ridden,
and less able to provide basic services such as education and health care.
As the Cold War concluded, IFIs began to acknowledge the failure of
structural adjustment and to yield somewhat to global activist pressure to
forgive the financial debt of the poorest countries. In the 1990s, IFIs
introduced the Heavily Indebted Poor Country initiative and the Poverty
Reduction Strategy Paper, in recognition of the importance of poverty
reduction and national ownership.113 Yet these initiatives were still char-
itable in nature.114 Governments that were no longer able to provide the
most elementary goods and services confronted angry populations. Yet
somehow policy failures, even those imposed from abroad, were the fault
of the governments implementing them. The Bank eventually issued an
explicit rubric on government performance, perhaps the ultimate in
intervention.
A 1989 report entitled “Sub-Saharan Africa: From Crisis to Sustainable
Growth” introduced “good governance” as a programmatic priority.115 The
good governance initiative sought to build pluralistic institutions that
would operate in a manner that resembled Western governments, with
an emphasis on privatization and “marketization,” rather than on govern-
ment economic regulation.116 Professor James Gathii has explored the
concept of good governance in some depth and he concludes that such
interventions are probably inconsistent with the bank’s mandate and are
a doubtful solution to the problems of the Global South. Professor Gathii
contends that IFIs base “good governance” policies on the questionable
assumption that reducing government intervention in the economy will
automatically increase economic growth and personal freedom. The
Organisation of African Unity and the Economic Commission on
Africa, however, identified external economic dependence as a major
factor in Africa’s poor economic performance and recommended redu-
cing reliance on Western countries; replacing it with a self-sustaining
development strategy utilizing the continent’s resources.117 Professor
Gathii also contends that the good governance agenda unduly focuses
too much on internal policy failures and too little on the historical and
international economic factors that Southern governments believe are the
primary causes of their current difficulties.118 However, the dramatic
failure of SAPs in resolving economic disaster in much of Sub-Saharan
Africa and the rest of the developing world prompted yet another IFI
development policy re-tooling;119
the most diligent adherents to IMF orthodoxy, such as Argentina were dismal,
if not disastrous.127
It was becoming increasingly clear to many that Western models for eco-
nomic development had been ineffective in much of the Global South,
disappointing many unindustrialized countries. However, the view from
Washington, D.C. was quite different. In American eyes, the international
economy was booming, foreign direct investment was exploding, and the
American brand was an international phenomenon, hence vindicating the
Washington Consensus.128 America continued to insist on Washington
Consensus policies, and to pursue strategies that benefited the United
States, even if it ruined poor nations and devastated their poorest citizens.
Global South countries were marginalized, under stress, and increasingly
aware that rich countries did not intend to play by the rules they were
creating.129
For example, even as they demanded adherence to Washington
Consensus policies, which essentially meant poor counties had to open
their economies to global competition and, at least theoretically, access to
global markets, the Global North tended to engage in these policies only
when it suited their commercial purposes. Agriculture is a case in point as
it is the singular arena where Global South nations possess some advan-
tage. Yet Global North counties tend to protect their farmers and thus
prevent poor countries from exploiting their most salient comparative
advantage, agricultural production.130 As Professor Carmen Gonzalez dem-
onstrates, this has had demonstrably negative effects on numerous coun-
tries, including food insecurity and environmental degradation.131
Nonetheless, rich nations not only erect barriers to agricultural imports,
but also subsidize their farmers, thus making it difficult for farmers from
low-income nations to compete.132 Accordingly, poor countries subject to
World Bank and IMF mandates must not only open their markets and
compete with multinational corporations but they must also compete with
subsidized agricultural goods and are not allowed, or are unable, to subsid-
ize their own farmers. Such policies contradict the professed desire to help
poor nations and shaped reactions to the Washington Consensus and
Global South aspirations to level the playing field. Moreover, as skepticism
regarding the Washington Consensus grew and conditions became more
acute, poor nations observed that industrialized countries had not modern-
ized employing any of the policies IFIs were imposing on poor nations.
Global North states had actively protected infant industries and freely used
export subsidies – practices that the World Bank and the IMF condemn
and generally prohibit.133
some measure of humility on the part of IFIs and other developers, this is the
polar opposite and probably as “holistic as institutional fundamentalists could
imagine.”166
Although the MDGs preceded the other reforms, the goals are frequently
cited, while Inclusive Growth and Learning from Reform, not so much,
making it questionable whether IFIs and other multilateral institutions have
changed quite as much as critics would have hoped. Moreover, it is quite
evident that IFIs and the Global North intend to remain at the center of
development theory and practice, as evidenced by attitudes regarding bilateral
economic assistance, detailed in Chapter 4. Developers posit traditional
(meaning Global North) paradigms as the standard and press the emerging
donors discussed below in Chapters 4 and 5 to report to and coordinate with
Global North dominated institutions and nations.167 Most of these efforts have
been resisted and, while it is apparent that change is on the horizon, it is not
coming from the Global North or traditional multilateral institutions. Rather,
it is coming from quarters that may prove more difficult to control, to wit the
Global South.
notes
1. Development might be loosely defined as modernization and national
economic growth. The League of Nations Mandate System and its
successor the United Nations Trusteeship Systems were precursors. For
an extensive discussion of the concept of development before 1949, see
Michael Cowen, The Invention of Development, in Power of
Development 27 (Jonathan Crush ed., 1995); Michael Watts, A New
Deal in Emotions, in Power of Development 44 (Jonathan Crush ed.,
1995).
2. Arturo Escobar, Encountering Development 3 (1995) (quoting
US President Harry Truman).
3. Formally, the United Nations Monetary and Financial Conference was
a meeting of 730 delegates from all of the forty-four Allied nations in
Bretton Woods, New Hampshire. The meeting was to establish
institutions that would regulate the international monetary and
financial system. The Bretton Woods Conference, 1944, US
Department of State Archive, https://2001-2009.state.gov/r/pa/ho/time/w
wii/98681.htm (last visited July 7, 2020).
4. See Antony Anghie, Time Present and Time Past: Globalization,
International Financial Institutions, and the Third World, 32 N.Y.
U. J. Int’l L. & Pol. 243, 266 (2000) (noting World Bank
interference in any activity that involves development). See also James
Id. at 1997 (noting that IMF lending has always been conditional; borrowers
are required to adopt stabilization plans and to correct the types of imbalances
that were thought to have figured significantly in precipitating World War II).
20. Professor Carreau further notes:
The IMF’s role seems limited to controlling the economies of Member
States requesting financial assistance, namely developing countries and
former command economy countries that have no alternative sources
of outside financing.
Id. at 1997–98.
21. This criteria was not among the IMF’s original purposes nor was it added
to its Articles of Agreement in 1979. Jacques J. Polak, The Changing
Nature of IMF Conditionality, 184 Essays in International
Finance 1, 17 (Princeton University Int’l Fin. ed., 1991); IMF
Managing Director Michael Camdessus, quoted in id., at 19.
22. Rajagopal, supra note 10, at 573.
23. See Rajagopal, supra note 10, at 541; see also Genoveva Hernández Uriz,
To Lend or Not to Lend: Oil, Human Rights, and the World Bank’s
Internal Contradictions, 14 Harv. Hum. Rts. J. 197 (2001).
24. These commentators mostly accept the sincerity and validity of the
IFI goal to alleviate poverty and improve standards of living. See
Operational Directive 4.15: Poverty Reduction (1992), The World
Bank Operational Manual 2 (Dec. 1992) (noting that “sustainable
poverty reduction is the Bank’s overarching objective”); The Poverty
Reduction and Growth Facility (PRGF) – Operational Issues,
Prepared by Fiscal Affairs Department, World Bank, Dec. 13, 1999,
http://www.imf.org/external/np/pdr/prsp/poverty2.html#1 (proclaiming
“poverty reduction efforts among low income members are a key
and more explicit element of a renewed IMF growth-oriented
economic strategy”).
25. See, e.g., Ruth Gordon, Saving Failed States, 12 Am. U. J. Int’l L. &
Pol’y 903 (1997); David Greenberg, Law and Development in Light of
Dependency Theory, 3 Res. Int’l. & Soc. 129, 152 (1980); James
Thuo Gathii, Retelling Good Governance Narratives on Africa’s
Economic and Political Predicaments: Continuities and Discontinuities
in Legal Outcomes Between Markets and States, 45 Vill. L. Rev. 971,
1002 (2000). Professor Rajagopal suggests an alternative analysis that
differs from the liberal and radical critiques. He maintains that just as
we define the Global South by the concept of development, their
mission defines IFIs, and the development project has become that
mission. He continues:
IFIs have had a complex relationship with Global South resistance. . . .
it is the process by which [IFIs] have dealt with that resistance, and not
so much the resistance itself, that have revealed the centrality of the
resistance to the formation of the [IFIs’] changing institutional
agendas . . . This . . . is hardly acknowledged by the [IFIs], who see
their evolution as being governed purely by the laws of economics,
finance, or their Articles of Agreement. It matters less that poverty
alleviation programs never alleviate poverty or that conditionalities
never achieve their stated goals. Rather, these specific
interventions . . . redound to the authority and expansion of inter-
national institutions.
85. Initially, the Bank developed two types of policy-based loans for the
Global South. The first type of these structural adjustment loans or
SALs generally ran eight to ten years and the borrowing country had to
conform with certain Bank guidelines regarding their economic
policies. The objective was to “(1) correct balance of payments
imbalances, (2) eliminate distortions and promote microeconomic
efficiency, (3) reduce high inflation rates, (4) protect or resume output
growth, and (5) minimize the cost of adjustment to the poorest.”
The second type of policy-based lending is “sector adjustment loans,”
or SECALs. More narrowly defined than SALs, SECALs target specific
sectors of the economy, such as exports, agriculture, industry, energy, or
public enterprises. Carrasco & Kose, supra note 14, at 29; Tsai, supra note
5, at 1320–21; Jo Marie Griesgraber & Bernhard G. Gunther,
Eds., The World Bank: Lending on a Global Scale (1996).
86. Carreau, supra note 8, at 1999; Bradlow, supra note 14, at 38–39; Uriz,
supra note 23, at 203–04.
87. Carrasco & Kose, supra note 14, at 38–39; Bradlow, supra note 14, at 57.
88. Id. (noting that in the 1980s, the Bank became heavily involved in
funding development projects in such spheres as health, education,
agriculture, and housing).
89. Uriz, supra note 23, at 205; Weidner, supra note 42, at 198–99.
90. Carrasco & Kose, supra note 14, at 198–99; Bradlow, supra note 14, at 60.
91. Carrasco & Kose, supra note 14, at 38–39; Tsai, supra note 5, at 1322;
Gwin & Polak, supra note 5.
92. The “seal of approval” earned by complying with World Bank and IMF
credit packages was critical to attaining private loans from the commercial
banks of developed countries. See Tsai, supra note 5; Anthony Galano III,
International Monetary Fund Response to the Brazilian Debt Crisis:
Whether the Effects of Conditionality Have Undermined Brazil’s
National Sovereignty?, 6 Pace Int’l L. Rev. 323, 339 (1994) 6;
Anne Orford, Locating the International: Military and Monetary
Interventions after the Cold War, 38 Harv. Int. L.J. 443, 445 (1997).
93. Tsai, supra note 5, at 1322.
94. Gordon & Sylvester, supra note 63, at 37–44.
95. Ruth Gordon, The Dawn of a New, New International Economic Order?,
72 Law & Contemp. Probs. 131, 148 (2009); Anghie, supra note 4, at
252–53.
96. Id.; see also Antony Anghie, Civilization and Commerce: The Concept of
Governance in Historical Perspective, 45 Vill. L. Rev. 887, 908 (2000)
(discussing good governance and the IFI goal of furthering neoliberal
economic policies through structural adjustment entailing privatization,
trade liberalization and currency devaluation). For instance, regulations
are not well-served by the private market. Cammack, supra note 29,
at 166.
135. Id. at 164. This policy promoted a pattern of growth that utilized the most
abundant asset possessed by the poor – their labor. Basic social services,
such as primary education, health care, and family planning, that make
it possible for the poor to work, were to be made available and this would
more easily allow capital to exploit the global labor market. Benefits are
to be targeted to potential workers, which then makes it difficult to
survive outside of the labor market and creates safety nets that propel
workers back into the market if they temporarily drop out. The prevailing
logic is that governments should pursue policies that provide businesses
(capital) across the globe with an adequate number of healthy, educated
workers, and to impose disciplines to ensure they remain available.
136. This reversed previous orthodoxies, overriding previous policies that
emphasized import substitution and a strong state. IFIs abandoned
progressive strategies, such as distributive tax policies to foster income
equality, in favor of fiscal reforms that rewarded entrepreneurship, but
accentuated inequality. Governments terminated measures to regulate
prices and abandoned public control over labor and money markets.
Cammack, supra note 29, at 166.
137. For a discussion of these reports, which were promulgated throughout
the 1990s, see Cammack, supra note 29, at 157, 164.
138. Structural aspects included good and clean governance, a well-
organized financial system, and an adequate social safety net to
accommodate the short-term negative impact of some World Bank
programs. Physical characteristics for growth included quantifiable
achievements in building infrastructure, including adequate water
and sewer systems, access to energy, access and transportation
inlays. See Memorandum from James D. Wolfensohn to the Board,
Management, and Staff of the World Bank Group, http://www
.worldbank.org/cdf/cdf-text.htm (last visited Nov. 16, 2003). See also
Blake, supra note 51, at 162. Sector-specific aspects of development
referred to strategies to promote the advancement of rural, urban,
and private sectors. Cammack, supra note 29, at 157, 164; 1.
Development should be holistic in nature, so that growth focuses
not just on economic variables, but also on social and political
implications. 2. The development process should involve all actors
affected by World Bank lending practices and development policies
should have a long-term focus. 3. A long-term, collective vision of
needs and solutions should be articulated that will draw sustained
national support. 4. Structural and social concerns should be treated
equally and contemporaneously with macroeconomic and financial
concerns.
139. Weidner, supra note 42, at 223–24; Blake, supra note 51, at 163. NGOs had
long been critical of – and largely ignored by – IFIs. The Bank now invites
selected NGOs to assist them to take part in development projects. By
1999, 52 percent of Bank projects involved some type of NGO
participation. Weidner, supra note 42, at 220. A rather striking and wide-
ranging example of NGO participation in World Bank programs began in
1995 when the Bank entered into a joint initiative with the Structural
Adjustment Participatory Review Initiative Network (SAPRIN). Today,
SAPRIN works in seventeen countries, where it consults with World Bank
officials on the effects of specific lending arrangements. The objective of
SAPRIN is to legitimize local knowledge in the analysis of economic
reform programs and to make space for and institutionalize grassroots
involvement in macroeconomic decision-making. See Structural
Adjustment Participatory Review International Network, SAPRIN, htt
p://www.saprin.org (last visited Nov. 16, 2003).
140. Gordon & Sylvester, supra note 63, at 46; Watts, supra note 1, at 58. The
rationale behind building self-reliance was “the desire to release those
energies that permit ordinary people to take charge of their lives.” Id.
Civil society is also central in the alternatives to development paradigm,
which has focused on “new social movements.” Id. Both the new
development economics of the 1990s and the anti-development
paradigm assert alternative strategies and both speak of an expanded
role for civil society, and both question the form, function, and character
of the developmental state. Id. at 59.
141. The IMF approach to the Global South has continued to evolve, but it has
been “less comprehensive” in its interventions in the name of development.
Although it is outside the scope of its mandate, the IMF expressly supports
Global South economic growth. The IMF now includes poverty alleviation
among its major goals, although its Articles of Agreement do not
contemplate this objective. Carrasco & Kose, supra note 14, at 39–41;
Rajagopal, supra note 10, at 569–74. The IMF created the Poverty
Reduction and Growth Facility (PRGF) in 1999. As described by the
IMF, this new endeavor “aims at making poverty reduction efforts among
low-income members a key and more explicit element of a renewed growth-
oriented strategy.” Creation of the PRGF was significant because it was the
first time the IMF had officially declared that “growth-policies should be
implemented in a framework in which the pressing need to reduce poverty
is also a central objective.” The Poverty Reduction and Growth Facility
(PRGF) – Operational Issues, International Monetary Fund, htt
p://www.imf.org/external/np/pdr/prsp/poverty2.htm (last visited June 10,
2021) [hereinafter IMF, Operational Issues]. Instead of pursuing strictly
macroeconomic objectives, “high quality” economic development
became the IMF’s new emphasis, and “high quality” development
also experienced few crises”); Id. at 9 (noting that China, India, and
Vietnam had succeeded, while “substantially deviating from the full
package of reforms”); Saad-Filho, supra note 143, at 330.
150. Learning from Reform, supra note 149, at 78–82.
151. Learning from Reform, supra note 149, at 9–10.
152. Id. at 13 (noting that “different policies can have the same effects and the
same policy can have different effects, depending on the context”).
153. Id. at 12, 14.
154. Rodrik, supra note 142, at 976.
155. Saad-Filho, supra note 143, at 12. Professor Saad-Filho notes that this
conversion followed economic collapse in transitioning former Soviet
bloc countries; Sub-Saharan African countries that did not “take off,”
despite IFI guidance, reforms, aid, and debt forgiveness; and chronic
financial and balance of payments difficulties in reforming countries.
See Learning from Reform, supra note 149, at 15.
156. “Rodrik characterizes the WB’s view of itself as ‘the seat of orthodoxy’ in
the universe of development policy.” Rodrik, supra note 142, at 973.
157. IG is defined as “growth that is not associated with an increase in
inequality.” Ravi Balakrishnan, Chad Steinberg & Murtaza Syed, The
Elusive Quest for Inclusive Growth: Growth, Poverty, and Inequality 8
(IMF Working Paper Asia and Pacific Department, June 2013), http://
www.imf.org/external/pubs/ft/wp/2013/wp13152.pd. IG is also viewed as
“providing equality of opportunity in access to markets, resources, and
an unbiased regulatory environment for businesses and individuals.”
Saad-Filho, supra note 143, at 11–12. The WB now recognizes that
significant inequality can impede growth.
158. Id. at 12.
159. “The World Bank’s shift towards growth diagnostics and identifying
constraints (to inclusive growth), that should be addressed
sequentially, replicates debates about the “order of liberalization” in
the 1980s in the aftermath of the collapse of initial reforms in Latin
America, and controversies regarding transition in the former Soviet
bloc. Id.; Developers and IFIs have construed Inclusive Growth as
“incorporating carefully selected insights from the developmental state
debates and presenting them as if they were practical truths.” Id.
160. The World Bank does not appear to address equity or the needs of the
poor adequately. Id. at 12.
161. In September 2000 at the Millennium Summit, 189 world leaders adopted
the UN Millennium Declaration, committing their nations to a new
partnership to reduce extreme poverty within a series of planned targets,
with a 2015 deadline. These goals became known as the UN Development
Project. UN Development Project, U n i t e d N a t i o n s , www
.unmillenniumproject.org/goals/ (last visited July 10, 2020). The MDGs