Substantive Transparency Requirements in International Investment Law

25 Pages Posted: 15 Nov 2017

See all articles by Jens Hillebrand Pohl

Jens Hillebrand Pohl

Maastricht University - Institute for Globalisation and International Regulation; University of Bern - World Trade Institute; Maastricht University - Department of International and European Law

Date Written: March 1, 2017

Abstract

Few concepts in public governance evoke a more positive sentiment than transparency. Whether ultimately grounded in expediency or morality, transparency has emerged out of its municipal origins and been received at the international plane. This article examines the current state of evolution of the idea of government transparency in international investment law for the purpose of seeking to understand its underlying drivers and, on that basis, to interpret the practices associated with it. The article sets forth two arguments. First, transparency is old wine in a new bottle; the substance of the norms that the language of transparency is associated with is well known and long predates the emergence of transparency as a concept. Second, preliminary evidence from treaty and arbitral practice support the proposition that substantive transparency serves to promote normative guidance.

Keywords: International Investment Law, Transparency, Investment Arbitration

JEL Classification: K33

Suggested Citation

Pohl, Jens Hillebrand, Substantive Transparency Requirements in International Investment Law (March 1, 2017). Available at SSRN: https://ssrn.com/abstract=3070095 or http://dx.doi.org/10.2139/ssrn.3070095

Jens Hillebrand Pohl (Contact Author)

Maastricht University - Institute for Globalisation and International Regulation ( email )

Minderbroedersberg 4-6
Maastricht, 6211 LK
Netherlands

University of Bern - World Trade Institute ( email )

Hallerstrasse 6/8
Berne, CH-3012
Switzerland

Maastricht University - Department of International and European Law ( email )

Maastricht
Netherlands

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