| Democratic governments have long held an institutional commitment to transparency, with access to governmental records and proceedings considered an essential part of the democratic process. But increasing a shift is occurring from national and often democratic governance, to governance by inter-governmental institutions that are inaccessible to the public. The World Trade Organization, with its legally-binding dispute settlement system, is an example. It is within this context that this study accesses how transparent the process of the WTO dispute settlement mechanism is to the public. Using case study and legal analysis, this study found three categories of disclosure within the WTO dispute system. First, there is official disclosure in which a formal process exists within the WTO requiring disclosure. Second, there is information generated in the dispute process requiring no disclosure. Finally, there is unofficial disclosure, usually occurring through leaks to media or government representatives, but also includes information voluntarily disclosed WTO members. This study found that various levels of disclosure exist with the WTO dispute system, but often it occurs through unofficial and voluntary disclosure. (Abstract shortened by UMI.)... |
