On Transparency, Good Governance and the Fight against Corruption: Some Lessons (and Questions) from an International Law Perspective

Abstract

This article aims to shed some light on the role of transparency, good governance and the fight against corruption in contemporary International Law. While an increasing number of national and international initiatives seek to promote those goals in the public and private realms, by imposing obligations both on States, International Organizations, and private actors, the legal nature of these international obligations remain uncertain. This article first analyses the content and scope of the obligation of promoting transparency, good governance and fighting against corruption incorporated to different sectors of International Law. Secondly, it tries to contribute to the debate on the legal status of a global obligation of transparency that would be contained in a new rule of International Law. The legal nature of that rule, as well as their addresses and the legal consequences of its infringement will be considered. Final section contains concluding remarks.