The Conflicting Implications of the Right to Information as Recognised by Public International Law

[1] Mendel, Toby, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 2Search in Google Scholar

[2] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 2- 3Search in Google Scholar

[3] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 25.Search in Google Scholar

[4] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 1Search in Google Scholar

[5] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 1Search in Google Scholar

[6] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 3Search in Google Scholar

[7] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 28Search in Google Scholar

[8] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 29Search in Google Scholar

[9] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 29Search in Google Scholar

[10] Article 19, Universal Declaration of Human Rights, G.A. Res. 217A (III), 10 December 1948, U. N. Doc. A/810 at 71 (1948)Search in Google Scholar

[11] Article 19, International Covenant on Civil and Political Rights, 16 December 1966, in force 23 March 1976, 999 UNTS 171Search in Google Scholar

[12] Article 10, European Convention on Human Rights and Fundamental Freedoms, 4 November 1950, in force 3 September 1953, ETS 5Search in Google Scholar

[13] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 53-55Search in Google Scholar

[14] The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expressionSearch in Google Scholar

[15] Joint Declaration by the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression, 6 December 2004 as quoted by Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 30 fn. 23Search in Google Scholar

[16] Human Rights Committee, General Comment No 34: Freedoms of opinion and expression (art. 19), 12 September 2011, CCPR/C/GC/34; 19 IHRR 303 (2012)Search in Google Scholar

[17] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 30Search in Google Scholar

[18] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 28Search in Google Scholar

[19] Supra note 10Search in Google Scholar

[20] Supra note 11Search in Google Scholar

[21] Council of Europe Convention on Access to Official Documents 2009, 18 June 2009, ETS 205. The Convention will enter into force when ratified by ten states; as of 26 March 2018, it has been signed by fourteen states, nine of which have ratified it.Search in Google Scholar

[22] The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 25 June 1998, in force 30 October 2001, 161 UNTS 447; 38 ILM 517 (1999)Search in Google Scholar

[23] M. Bossuyt, Guide to the “Travaux Préparatoires” of the International Covenant on Civil and Political Rights (Dordrecht: Martinus Nijhoff Publishers, 1987), pp. 373-402 as quoted by Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 4, fn. 4. In fn. 4 Mendel stated that ‘The travaux préparatoires for Article 19 of the ICCPR, meticulously recorded by Marc Bossuyt, do not even hint at this idea’.Search in Google Scholar

[24] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 4Search in Google Scholar

[25] Supra note 10Search in Google Scholar

[26] Report of the UN Special Rapporteur on the protection and promotion of the right to freedom of opinion and expression, E/CN.4/20.05/64, 2005, para. 39 as quoted by Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 3010.1093/hrlr/ngs045Search in Google Scholar

[27] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 4Search in Google Scholar

[28] Supra note 12, Articles 6, 8 and 10Search in Google Scholar

[29] Supra note 22Search in Google Scholar

[30] European Commission, Environment, <http://ec.europa.eu/environment/aarhus/> (visited 25 March 2018)Search in Google Scholar

[31] Supra note 22, Article 6, 7 and 810.3197/096327113X13528328798110Search in Google Scholar

[32] Supra note 22, Article 2 item 2Search in Google Scholar

[33] Supra note 22, Article 2 item 5Search in Google Scholar

[34] Supra note 22, Article 9Search in Google Scholar

[35] Supra note 21Search in Google Scholar

[36] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 26Search in Google Scholar

[37] Supra note 21, Article 1Search in Google Scholar

[38] Supra note 21, Article 2Search in Google Scholar

[39] <https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/205> (visited 25 March 2018), Supra note 22, Article 5, 6, 7, 8 and 9Search in Google Scholar

[40] Supra note 21, Article 4 para. 1Search in Google Scholar

[41] Supra note 21, Article 4 para. 2Search in Google Scholar

[42] Supra note 21, Article 5 para. 6Search in Google Scholar

[43] Supra note 21, Article 3 para. 2Search in Google Scholar

[44] Supra note 21, Article 3 para. 1Search in Google Scholar

[45] <https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/205/signatures?p_auth=oAGJ4z33> (visited 25 March 2018) The 14 states that have signed the Convention are Belgium, Bosnia and Herzegovina, Estonia, Georgia, Hungary, Lithuania, Moldova, Montenegro, Norway, Serbia, Slovenia, Sweden, The former Yugoslav Republic of Macedonia and Finland.Search in Google Scholar

[46] <https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/205/signatures?p_auth=oAGJ4z33> (visited 25 March 2018)Search in Google Scholar

[47] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 28Search in Google Scholar

[48] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 26Search in Google Scholar

[49] Claude Reyes and Others v. Chile, Case no. 19/2006, Inter-American Court of Human Rights, Series C 151 (2006), Judgement (19 September 2006), para. 86Search in Google Scholar

[50] Leander v. Sweden, Application No. 9248/81, European Court of Human Rights, 9 EHRR 433, Judgement (26 March 1987)Search in Google Scholar

[51] Társaság A Szabadságjogokért v. Hungary, Application No. 37374/05, European Court of Human Rights, Judgement (14 April 2009)Search in Google Scholar

[52] Supra note 16Search in Google Scholar

[53] Supra note 49Search in Google Scholar

[54] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 33Search in Google Scholar

[55] Supra note 54, para 77Search in Google Scholar

[56] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 34Search in Google Scholar

[57] Supra note 49Search in Google Scholar

[58] Supra note 49Search in Google Scholar

[59] Supra note 49Search in Google Scholar

[60] <https://www.article19.org/about-us/> (visited 25 March 2018)Search in Google Scholar

[61] <https://www.article19.org/about-us/> (visited 25 March 2018)Search in Google Scholar

[62] <https://www.article19.org/about-us/> (visited 25 March 2018)Search in Google Scholar

[63] <https://www.article19.org/about-us/> (visited 25 March 2018)Search in Google Scholar

[64] ARTICLE 19, The Public's Right to Know. Principles on Freedom of Information Legislation (ARTICLE 19 London, 1999), International standards series <https://www.article19.org/data/files/pdfs/standards/righttoknow.pdf> (visited 25 Match 2018) Principle 1Search in Google Scholar

[65] ARTICLE 19, The Public's Right to Know. Principles on Freedom of Information Legislation (ARTICLE 19 London, 1999), International standards series <https://www.article19.org/data/files/pdfs/standards/righttoknow.pdf> (visited 25 Match 2018) Principle 2Search in Google Scholar

[66] ARTICLE 19, The Public's Right to Know. Principles on Freedom of Information Legislation (ARTICLE 19 London, 1999), International standards series <https://www.article19.org/data/files/pdfs/standards/righttoknow.pdf> (visited 25 Match 2018) Principle 9Search in Google Scholar

[67] Supra note 22, para. 1and Preamble, Recital 9Search in Google Scholar

[68] Supra note 21, PreambleSearch in Google Scholar

[69] Supra note 21, PreambSearch in Google Scholar

[70] Toby Mendel, Right to Information: Recent Spread of RTI Legislation (World Bank, Washington, DC, 2014) Right to information working paper series, <https://openknowledge.worldbank.org/handle/10986/22528> (visited 12 March 2018), p. 1Search in Google Scholar

[71] Florini, ‘Introduction: The Battle Over Transparency’, in Florini (ed.), The Right to Know: Transparency for an OpenWorld (NewYork: Columbia University Press, 2007) 3 as quoted by Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 38 fn. 69Search in Google Scholar

[72] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 38Search in Google Scholar

[73] Supra note 17, para. 20Search in Google Scholar

[74] Maeve McDonagh, ‘The Right to Information in International Human Rights Law’ (2013) 13:1 Human Rights Law Review, <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2446424> (visited 12 March 2018) 25-55 p. 53Search in Google Scholar

[75] <https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/205> (visited 25 March 2018)Search in Google Scholar

[76] <https://www.article19.org/issue/access-to-information/> (visited 25 March 2018)Search in Google Scholar

[77] Supra note 16, para. 13Search in Google Scholar

[78] Supra note 16, para. 14Search in Google Scholar

[79] Supra note 16, para. 23Search in Google Scholar

[80] Supra note 16, para. 15Search in Google Scholar

[81] Supra note 16, para. 15Search in Google Scholar

[82] <https://www.article19.org/issue/privacy-and-surveillance/> (visited 25 March 2018)Search in Google Scholar

[83] <https://www.article19.org/resources/counterterrorism-emergency-powers-protectioncivic- space/ > (visited 25 March 2018)Search in Google Scholar

[84] ICCPR art. 19, para.3; ECHR Art. 10, para. 2Search in Google Scholar

[85] Convention on Access to Official Documents Art. 3, para. 1, letter a; Aarhus Convention Art. 4 para. 4 letter bSearch in Google Scholar

[86] ECHR Art. 10, para. 2Search in Google Scholar

[87] Convention on Access to Official Documents Art. 3, para. 1, letter bSearch in Google Scholar

[88] Convention on Access to Official Documents Art. 3, para. 1, letter cSearch in Google Scholar

[89] Convention on Access to Official Documents Art. 3, para. 1, letter fSearch in Google Scholar

[90] Supra note 16, para. 22Search in Google Scholar

[91] Supra note 16, para. 22Search in Google Scholar

[92] Supra note 16, para. 28Search in Google Scholar

[93] Supra note 16, para. 33Search in Google Scholar

[94] Supra note 16, para. 34.Search in Google Scholar