TRANSLUCENT JUSTICE
International Conference
19-20 October 2023
19-20 October 2023
Transparency is an issue, or rather a demand, that has affected every aspect of social life, from art and architecture to governance. In this, it largely predates the judicialization of international law and the well-documented proliferation of international courts and tribunals. Naturally, the centrifugal role of international courts and tribunals in law-making and the concomitant development of the ‘age of information’ have led to calls for greater transparency vis-à-vis the functioning of international courts and tribunals, as has been the case for other international institutions. This is while heightened public scrutiny and criticism regarding their legitimacy and efficiency and the rise of new technologies simultaneously has increased the circulation of information and in turn strengthened these demands. Yet, despite its positive contemporary connotation, transparency is not without problems, and could in fact be counterproductive and controversial. It conflicts with the specificities of international courts and tribunals as both international institutions, where state centrism, sovereignty and diplomatic roots are still influential, and as judicial bodies. Certain aspects of the adjudicative process have historically prompted questions, rooted in fair trial ideals, such as deliberation and publicity of hearings and cases. However, in practice, the issue of transparency extends much beyond these. Realistic and practice-based approaches to law and adjudication have contributed to these demands by shifting the attention of lawyers, scholars and stakeholders. Extra-legal factors and ‘unseen actors’ are increasingly perceived as being as, or even more, decisive than formal reasoning in explaining and legitimising judicial decisions. By definition, such factors require access to information that exceeds the more traditional forms, instruments and object of international courts and tribunals communication.
This conference aims at refocusing the conversation surrounding transparency and international courts and tribunals. The objective is thus to provide a platform to analyse recent developments in practice as well as scholarship that address manifestations, causes and potential drawbacks of transparency. Such an approach will highlight the reactions of international courts and tribunals to this, ranging from reluctance to strategic use and instrumentalisation. To this end, transparency is understood as access to, and knowledge of, the activity of courts and tribunals for parties, participants and third parties, in the exercise of their functions as judicial bodies as well as institutions generally.
In person event
Venue: The event is taking place at the premises of the MPI Luxembourg. Conference Room 4th floor.