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Poder local e transparência : os municípios brasileiros e a Lei de Acesso à Informação

Transparency in International Investment Arbitration : A Guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration

The topic of transparency in international investment arbitration is gaining increasing attention. This in-depth commentary analyses the UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration, one of the most recent and innovative developments in international law. Focusing on the application of these rules, contributors analyse the issue of transparency in investment law more broadly and provide in-depth guidance on how to apply the UNCITRAL transparency rules. Chapters encompass all treaty-based disputes between investors and state, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. The contributors each have a strong background in investment arbitration, in both professional practice and academia. This commentary will be of interest to all actors involved in investment arbitrations, especially practitioners, counsels, NGOs and scholars in the fields of international law, commercial arbitration and investor-state arbitration.

Online Cambridge Core

The transparency paradox : questioning an ideal

"The book provides a compact theoretical account of the hidden functioning logic of the ideal of transparency. Transparency as a concept has become hugely popular in legal discourse and beyond. The book argues that there are underlying optical, conceptual, and social reasons why transparency makes sense to us: it promises immediate seeing and understanding. That is why it can form a powerful metaphor of controllability: in the state, for example, the governed are able to monitor the inner workings of the governor through transparency practices. The modern push for transparency is premised on the notion that the truth about governance is key to its legitimacy, and transparency can provide legitimacy through access to truth. The book argues that this premise is false. Instead of accessing legitimacy by providing truth, transparency is labelled by either-or logic, which is referred to as 'the truth-legitimacy trade-off' in the book: transparency can provide either truth or legitimacy. Through this argument, the book questions the neutrality promise vested in transparency and claims that transparency is primarily a tool for creating appearances. The book consists of nine chapters divided into three parts: The Opacity of Transparency, The Promise of Transparency, and The Reality of Transparency. It combines legal and policy themes and research with interdisciplinary inputs, such as social philosophy and cultural and media studies, contributing to the growing literature on critical transparency studies"--