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"Amicus Curiae" Briefs In WTO Dispute Settlement Body

Posted on:2007-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166360185957581Subject:International Law
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"amicus curiae" briefs was briefly applied in the litigation system of common law countries such as Britain and the United States. At present, there are fewer presentations on this issue in China. After the establishment of the World Trade Organization, some non-governmental organizations joined into the WTO dispute settlement by submitting"amicus curiae" briefs to WTO dispute settlement agency. The issue of "amicus curiae" briefs has experienced a process, which is from denial to shake, then to acceptance, in the WTO dispute settlement body. "amicus curiae" briefs and its unique value in the litigation are also gradually falling into Chinese scholars'sight with the WTO. In this thesis, there are mainly six parts, which are all concerning the discussion of "amicus curiae" briefs in the WTO dispute body .The first part is about the connotation of "amicus curiae" briefs and its history. "amicus curiae" briefs is to remind the court to notice intentionally or is a writing report to the court about the questionable facts or legal perspectives, "amicus curiae" briefs system stemmed from the Roman law, developed in the English common law, then was transplanted to the USA and got its prosperity. "amicus curiae" briefs is very useful to the court with a fair trial in the case and to carry out the democratic spirit in the process of trial, therefore it has its unique value in the litigation.The second part analyzes the two main reasons of the emergence and development of "amicus curiae" briefs in WTO dispute settlement body. They are the NGOs'external driven and the self-needs of WTO dispute settlement...
Keywords/Search Tags:Settlement
PDF Full Text Request
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