Three visions of transparency in international adjudication

Transparency is a multifaceted concept that can lead to premature judgments about its benefits and risks. This article proposes a more controlled way of thinking about transparency by conceptualizing it as a generator of uncertainty. Based on the idea that transparency generates uncertainty about the effects and uses of the information released, a framework for assessing the opportunities and risks of transparency can be developed and applied to different settings. This makes it possible to assess differences in the value of transparency within different models of international adjudication. This article’s main contribution is establishing a tripartite distinction: strategic, legality-promoting, and participation-enhancing transparency. This classification helps clarify how discussions of transparency are intertwined with broader debates about the functions of international adjudication.