THE TRANSPARENCY PRINCIPLE IN THE WTO AGREEMENTS AND CASE LAW

This study aimed to discuss the principle of transparency in the context of the WTO. The research sought to draw a detailed map of "transparency" in the multilateral trading system and its possible effects on international trade, promoting an economic analysis, case law, and legislation. The principle of transparency has gained prominence in the negotiations on international trade. It aims to equalize the conditions of access to information between the Member States and their traders, advocating fair play for all. WTO can distinguish three transparency mechanisms: i) internal, ii) external, and iii) regulatory. The research focused on the internal and external transparency discussion, as reflected in multilateral WTO agreements. Practices of "transparency" involve the publications, notifications, information points, consultations, warning and previous comments, opinions of third parties, as well as resources and appeals, among others. In its articulatory function and facilitator of international trade, the WTO needs to direct these instruments of "transparency" to its actual goals, prioritizing its position to stimulate negotiations and trade.

Autorentext

Candidato a Doctor en Derecho (Universidad de Coimbra/Universidad de Salamanca); Doctor en Contabilidad por la FEA-USP; Máster en Administración por la Universidad de California en Berkeley.