ARTICLE: TRANSPARENCY AS AN ELEMENT OF GOOD GOVERNANCE IN THE PRACTICE OF THE EU AND THE WTO: OVERVIEW AND COMPARISON Skip over navigation
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Copyright (c) 2007 Fordham University School of Law
Fordham International Law Journal

ARTICLE: TRANSPARENCY AS AN ELEMENT OF GOOD GOVERNANCE IN THE PRACTICE OF THE EU AND THE WTO: OVERVIEW AND COMPARISON

May, 2007

30 Fordham Int'l L.J. 1545

Author

Friedl Weiss*
Assisted by Silke Steiner**

Excerpt



INTRODUCTION

In the course of the last few years, numerous attempts have been made to solve the problem of an emerging transnational legal order that still significantly lacks both democratic legitimacy and transparency. To that end, a number of theoretical concepts and models have been developed, aimed at guaranteeing a more legitimate exercise of international authority. 1

The evocative concept of "good governance," though a relatively young one, has recently emerged as a key concept in discourse about governance. Various intergovernmental institutions have formulated similar definitions of good governance, yet have attributed to them different meanings and functions and use them for different purposes. This article seeks to provide a comparative overview of relevant practice of the European Union ("EU") and the World Trade Organization ("WTO") with regard to the interpretation and use made of "good governance," and in particular with regard to "transparency," one of its core component elements.

Before examining such practice, however, it should be recalled that, while both the EU and the WTO have made considerable strides toward enhancing transparency in their respective spheres of governance, they have done so from different vantage points and perspectives, due to their fundamentally different status and legal characteristics as intergovernmental organizations. Suffice it to recall that the EC, unlike the "intergovernmental" WTO, is a uniquely supranational organization. Its constitutive legal order has been developed and refined by two of its institutions of central importance, the European Commission and ...
 
 
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