CEU Electronic Theses and Dissertations, 2018
| Author | Khan, Rebecca Enriquez |
|---|---|
| Title | An Evaluation and Critique of the Transparency Movement in Investment Treaty Arbitration |
| Summary | Enhancing transparency is touted as one of the responses to the ongoing criticism regarding the legitimacy of the investor-State dispute settlement system. Since investment disputes involve matters of public interest, granting public access to certain aspects of the arbitral proceedings ensures that members of the citizenry have the opportunity to be informed of the matters in dispute, as well as to be heard on these issues if the outcome potentially affects them. A palpable move towards increased transparency in investment arbitration has resulted in the revision of institutional arbitral rules, a set of rules devoted entirely to transparency, and even a convention. This dissertation evaluates the movement for increased transparency in investor-State dispute settlement – with a focus on investment treaty arbitration – and critique the efficacy of the transparency measures currently in place. This study also proposes recommendations for further enhancing the transparency of investment arbitration, by highlighting emerging issues that have yet to be examined from a transparency paradigm. This dissertation aims to operationalize the concept of transparency for international investment arbitration, by determining: (1) what information must be made accessible; (2) who is obliged to make such information accessible; (3) who is entitled to access such information; (4) how the information can be accessed; (5) when and where access must be granted; and (6) why the information must be accessible. The exceptions to the above also form part of the analysis in this dissertation, because a balanced approach to transparency is preferred to an absolute one. The exceptions to transparency are expressed in the texts of rules and the arbitral decisions discussed throughout this dissertation; a study of this material attests to the delicate task of finding an appropriate balance of transparency and confidentiality. This dissertation examines transparency from different angles: the transparency of the investor-State dispute settlement system towards the public, the transparency owed by the actors within the system towards the arbitral process, and the effects of transparency on these actors. The literature on transparency has heretofore focused on the first angle almost exclusively. It is hoped that the fresh perspectives in this dissertation can contribute to the legal scholarship on transparency in a novel manner. |
| Supervisor | Várady, Tibor |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2018/khan_rebecca.pdf |
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