The Jurisdictional Immunity Of World Bank Group In International Anti-corruption Cooperation

As the first litigated case arising from the anti-corruption cooperation by international financial institution,the case of World Bank Group v.Wallace has a profound international influence.In this case,the Supreme Court of Canada recognizes the anti-corruption sanction regime established by the World Bank according to the Bank's fiduciary duty.Unlike the internationally prevailing theory of functional necessity,this case distinguishes between the differently prescribed immunity provisions,namely the generally prescribed and specifically prescribed,and finds that the functional necessity does not apply to the Bank,thus ruling that the Bank enjoys absolute archival immunity and personnel immunity that can only be waived in an express manner.Furthermore,this case includes the conflicts between the legal interest of upholding the immunity of international organization and the defendant's right to fair trial.Though the defendant's right to fair trail is also internationally recognized and faces the danger of infringement,the decision focuses more on the far-reaching effect that Bank's immunity may have on the international anti-corruption cooperation.To preserve the global public interest in anti-corruption,the court finally holds that the Bank's immunity triumphs the defendant's right to fair trial.Through this case,China may draw some experience of handling the cases related to the international organization immunity and further its anti-corruption collaboration with the Bank.