The Principles of Transparency and Inclusiveness as Pillars of Global Governance: the Brics Approach to the United Nations

• Author: C. G. Fernández - D. F. Puyana
• Position: Permanent Mission of Costa Rica in the United Nations in Geneva (San José, Costa Rica) - Permanent Mission of Costa Rica in the United Nations in Geneva (Barcelona, Spain)
• Pages: 7-24

ARTICLES

ThE PRInCIPLES oF TRanSPaREnCy and InCLuSIvEnESS

aS PILLa RS oF GLoBaL Go vERnanCE: ThE BR ICS aPPRoaCh

To ThE unITEd naTIonS

CHRISTIAN GUILLERMET FERNÁNDEZ,

Permanent Mission of Costa Rica in the United Nations in Geneva

(San José, Costa Rica),

DAVID FERNÁNDEZ PUYANA,

Permanent Mission of Costa Rica in the United Nations in Geneva

(Barcelona, Spain)

The transpa rency of governance is not only a necessary and suci ent condition for

bringing about accountabil ity, but also the basis for the possibility of democracy in

the global sphere. Althoug h ther e is no automatic progre ss fro m trans parency to

democratic glo bal governance, th is principle helps to create more democratic, open

and fair societies. Recently, the importance of inclusiveness, transparency and procedural

safeguards has emerged as a critical theme. The practical implementation of fair global

governance mechanisms, procedures, and institutions will always depend on the level of

participation, contestation, or solidarity among the dierent stakeholders represented at

the local, national or international level. Recent years have clearly shown a trend towards

increasing transparency and inc lusiveness in internation al organizat ions’ activ ities

and operations, in contrast to opaqueness o r lack of transparency which was a ver y

common practice in diplomacy during past centuries. The inclusion of transparency and

inclusiveness elements in the decision-making rules of an international organization are

fundamental for these norms to be considered not only ‘more legal,’ but also to have

a higher level of legitimacy. The General Assembly decided in its Resolution 60/251 of

2006 that the methods of work of the Human Rights Council should be transparent, fair

and impartial and should enable genuine dialogue. Finally, the role played by the BRICS

countries at the Security Council and the Human Rights Council is critical in regards to

its working methods.

BRICS LAW JOURNAL Volume II (2015) Issue 2 8

Keywords: transpare ncy and inclusi veness; diplomacy; global governance; League

of Nations; United Nations; diplomatic negotiations; Human Rights Council; Securit y

Council; BRICS countries.

Recommended citation: Christian Guillermet Fernández & David Fernández Puyana,

The Principles of Transparency and Inclusiveness as Pillars of Global Governance: The

BRICS Approach to the United Nations, 2(2) BRICS LJ (2015).

Table of Contents

1. Introduction

2. From Secret to Open Diplomacy

3. The Notion of Transparency and Inclusiveness under International Law

3.1. Denition

3.2. Regulation

3.3. The Role Played by Transparency and Incl usiveness in Diploma tic

Negotiations

4. Transparency and Inclusiveness within the United Nations

4.1. Human Rights Council

4.2. Security Council

5. Conclusion

1. Introduction

This paper will analyze how dipl omacy pas sed from being a secret aair to

have a more public exposure in society. In particular, from the establishment of the

League of Nations until today the principles of transparency and inclusiveness have

occuppied a central role in diplomacy, which has been considered as a revolutionary

change of paradigm in international relations.

Additionally, a legal approach to the notion of transparency and inclusiveness will

be studied, in the context of the current trend which demands more transparent and

inclusive institutions and procedures at the international level. At this moment there

is not an international treaty dening the notions of transparency and inclusiveness.

In fact, the diculties of dening these concepts are due, in the eyes of some, to the

view that transparency, and also inclusiveness, are a ‘myth.’

A reection about the role played by transparency and inclusiveness in diplomatic

negotiations, and in particular the contemporaneous preoccupation with legitimacy

by international organizations will be provided, concluding with an emphasis that

transparency and inclusiveness are indispensable elements of global governance.

Currently, international democracy and global governance strongly requires more