The Studying On The Issue Of 'Amicus Curiae'in WTO Dispute Settlement System

The evolution of the multilateral trading system, the development of economic globalization and the creation of the WTO, has heightened calls by the Non-governmental entities who represent the request of 'civil society'to be given more chances in participating the WTO Dispute Settlement proceeding. Meanwhile, the principle of 'Judicial economy'and the principle of 'Res judicata'also force the WTO Panel and the Appellate Body to increase the judge efficiency. So WTO adjudicating bodies will meet the 'Amicus Curiae', since the 'Amicus Curiae'is now the main path to participate the WTO Dispute Settlement mechanism for the Non-governmental entities. This article starts with the 'Amicus Curiae'fulfillment in domestic law level and the international law level , then educes practice of 'Amicus Curiae'in the WTO dispute Settlement system. The full text includes totally six parts. The first part introduces the general theory of 'Amicus Curiae', after that, the author examines the practice of 'Amicus Curiae'both at the domestic law level and at the international law level—including the Anglo-American Legal System, China, the international organizations ,and the regional organizations—to sum up some characteristics. The second part proceeds to expatiate and analyze the process and the characteristics of 'Amicus Curiae'in WTO dispute Settlement system by examining the main WTO disputes in which 'Amicus Curiae'has been received, and the varying response of WTO adjudicating bodies, such as 'US-Shrimp','US-British Steel','EC-Asbestos'. Then the author commences the reason and the problem of 'Amicus Curiae'which exists in the WTO dispute Settlement system in the third part and fourth part. Drawing on these experiences, the author puts forward to establishing the system of 'Amicus Curiae'in the WTO dispute settlement system in the fifth part, identifying the notion and the persone of 'Amicus Curiae'in WTO Dispute Settlement System, suggesting that WTO panel and the Appellate Body should weigh both substantive criteria and procedural criteria when determining whether, how to use 'Amicus Curiae'. Finally, the author also sets forth some suggestions to China in this issue.