The National Context for Transparency
based Global Environmental
Governance
Introduction
National-level Disclosure: Types of Transparency
Policies
Right to Know: Towards Citizen Empowerment?
“right to know” laws generally require some pro-active disclosure of government held
information and provide means for citizens to demand specific information from
governments. Virtually all have significant “exemptions”—arenas of government-held
information to which the transparency laws do not apply. These exemptions always include
some degree of protection for information of national security importance
Pro-active Dissemination of Economically Salient Data
A second category of transparency policies relate to proactive dissemination of economically
salient data. Even countries with limited or no “right to know” rules increasingly publicize
economically salient data. This reflects an emphasis on transparency as key to efficient
economic operation rather than rights of citizens, thus it needs to be addressed separately
“Targeted” Disclosure
The third category—targeted disclosure requirements—is the most directly relevant to
environmental governance. Governments are increasingly turning to disclosure as a form of
direct regulation, in what can be termed “regulation by revelation.” While right to know
policies aim to inform the public as an end in itself, targeted transparency provides
information that aims to influence choices.
Disclosure-based regulation works well under three conditions.
1. First, a potential audience for disclosure exists, one that is making less than ideal
choices about a matter of public concern because of lack of information.
2. Second, potential recipients of information could and would change their behavior if
they had appropriate information.
3. Third, the changed behavior would cause disclosers, in turn, to act in ways desired
by regulators. When any of these conditions is missing, government may have to do
more than require disclosure to bring about desired changes in behavior. And even if
based Global Environmental
Governance
Introduction
National-level Disclosure: Types of Transparency
Policies
Right to Know: Towards Citizen Empowerment?
“right to know” laws generally require some pro-active disclosure of government held
information and provide means for citizens to demand specific information from
governments. Virtually all have significant “exemptions”—arenas of government-held
information to which the transparency laws do not apply. These exemptions always include
some degree of protection for information of national security importance
Pro-active Dissemination of Economically Salient Data
A second category of transparency policies relate to proactive dissemination of economically
salient data. Even countries with limited or no “right to know” rules increasingly publicize
economically salient data. This reflects an emphasis on transparency as key to efficient
economic operation rather than rights of citizens, thus it needs to be addressed separately
“Targeted” Disclosure
The third category—targeted disclosure requirements—is the most directly relevant to
environmental governance. Governments are increasingly turning to disclosure as a form of
direct regulation, in what can be termed “regulation by revelation.” While right to know
policies aim to inform the public as an end in itself, targeted transparency provides
information that aims to influence choices.
Disclosure-based regulation works well under three conditions.
1. First, a potential audience for disclosure exists, one that is making less than ideal
choices about a matter of public concern because of lack of information.
2. Second, potential recipients of information could and would change their behavior if
they had appropriate information.
3. Third, the changed behavior would cause disclosers, in turn, to act in ways desired
by regulators. When any of these conditions is missing, government may have to do
more than require disclosure to bring about desired changes in behavior. And even if
