Transnational Law Commons^™

Transparency In International Commercial Arbitration, Catherine A. Rogers

Catherine Rogers

Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards. In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi

Padideh Ala'i

The Adoption Of Transparency Policies In Global Governance Institutions: Justifications, Effects, And Implications, Megan Donaldson, Benedict Kingsbury

Megan A Donaldson

Formal transparency policies are increasingly prevalent in global governance institutions, partially attenuating the influence in these institutions of practices of secrecy inherited from interstate diplomacy. This article assesses the incidence and specific characteristics of formal transparency policies across a select group of institutions and outlines some of the justifications given for these policies - including justifications based on the publicness of these institutions - and for the more controversial exceptions to transparency, such as the exception for deliberative materials. It examines three drivers affecting the adoption, form, and content of transparency policies and other transparency measures in these institutions: spillover …