Abstract

The negotiations for the Transatlantic Trade and Investment Partnership (TTIP) have been surrounded by considerable controversy. One of the most widespread criticisms regards the alleged lack of transparency of the negotiation process. Transparency in trade and investment negotiations refers to the access of the general public to negotiating documents, position papers, and consolidated draft texts. Civil society groups seek to have access to these documents in order to analyse the potential impact of international agreements on citizens’ lives. However, the privacy of trade and investment negotiations is a time-honoured tradition. The level of transparency adopted by the European Commission in the TTIP negotiations, while open to improvement, is already quite satisfactory. The volume of information made available by the European Commission on the TTIP finds no parallel in analogous negotiations currently underway. While the present practice can be improved and fine-tuned, it strikes a sensible balance between the principles of transparency and democratic scrutiny and the need to ensure orderly, fruitful international negotiations.
Full Paper
Fernando Dias Simões
Senior Research Associate

Professor Dias Simões is Associate Professor at the Faculty of Law of the Chinese University of Hong Kong (Hong Kong, China)

Summary

The negotiations for the Transatlantic Trade and Investment Partnership (TTIP) have been surrounded by considerable controversy. One of the most widespread criticisms regards the alleged lack of transparency of the negotiation process. Transparency in trade and investment negotiations refers to the access of the general public to negotiating documents, position papers, and consolidated draft texts. Civil society groups seek to have access to these documents in order to analyse the potential impact of international agreements on citizens’ lives. However, the privacy of trade and investment negotiations is a time-honoured tradition. The level of transparency adopted by the European Commission in the TTIP negotiations, while open to improvement, is already quite satisfactory. The volume of information made available by the European Commission on the TTIP finds no parallel in analogous negotiations currently underway. While the present practice can be improved and fine-tuned, it strikes a sensible balance between the principles of transparency and democratic scrutiny and the need to ensure orderly, fruitful international negotiations.

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