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Transparency is often uncritically considered a pre-requisite to accountability within the ISDS system, without much discussion directed to how transparency is instrumental to achieving such accountability. Yet, transparency is generally thought to be the golden bullet for effecting social transformation as well as considerations of the public interest in investor state dispute settlement (ISDS). This article aims at fostering deeper and more critical debate on the notion of transparency; in order to better understand both the ways in which it could be conceived for the purposes of transformation of the ISDS system and the extent to which international investment law and global administrative law (GAL), is a useful concept for this purpose. This paper considers the ways in which the legislative and policy framework governing transparency creates the conditions whereby state and investors utilize the language and practice of transparency as a self-legitimising tool through its claim to accountability. This is further tested against choices made by state institutions and the ISDS system itself for the alluring concept of voluntary disclosures with no enforcement mechanisms - an intellectual contradiction. In response to this quandary, this paper aims at addressing some of the theoretical gaps identified above, particularly by examining the conceptual understandings of transparency, the current state of transparency in the ISDS system and the role of GAL in revamping the system.

The Role of Law in Assessing the Value of Transparency and the Disconnect with the Lived Realities Under Investor-State Dispute Settlement