On The Issue Of "Amicus Cariae" Brief In The Dispute Settlement Body Of WTO

With strengthening the process of globalization and development of world economy, the disputes handled by WTO Dispute Settlement Body are becoming more and more complex. There are more and more trade disputes involving the issues of environmental protection and labor safeguards. During the settlement of disputes, many organizations bearing no any direct interest link with the dispute initiatively submit their brief to the panel and the appellate body, in which elaborate their views and remind the dispute settlement body take the elements of human health and environmental protection into consideration in their final reports. These organizations are called amicus curiae, they have intervened many of disputes and submit the brief directly to the panel and the appellate body; Meanwhile, the panel and the appellate body either decline or accept submission or draw up special procedure for the amicus curiae brief. Such a response to the issue of amicus curiae in an impromptu and inconsistent manners by the dispute settlement body have triggered the hot debate among the WTO members.There are totally five sections.The first section is the concept of amicus curiae and its evolution. Amicus Curiae, as the friend of the court, refers to the individuals and organization, without having direct interest in the case, petitioning to file the brief to the court and expounding their comments and views to the case for the judge's reference and improving the judging capability. As for the characteristics of amicus curiae, one is that individual or organization not bearing any direct interest with the disputes and whom actively file the brief to the court. The second is that the brief is based on the neutral position or specific purposes. The third is that amicus curiae is aimed for improving judging capability or expecting its brief as the judge's reference. Amicus curiae system is originated from times of Roman and developed in the common law countries especially in American. Therefore, it is very understandable that American has shown its strong support on the acceptance of amicus curiae brief by the panel and the appellate body while other members are in the hot debate on this issue. The American position attributes to the background of their legal culture.The second section is the practices of intervening DSB of WTO by amicus curiae. Generally, indirect ways and direct ways are the two modes of intervention. The indirect ways refers that the disputing parties append amicus curiae brief in its...