Research On The Legitimacy Of The Practice Of Amicus Curiae In The WTO Dispute Settlement System

The Amicus Curiae originated from Roman law, and it supported the court as a neutral party at that time. Becoming a common practice, it moved from"the friend of court"to"friend of the party"to"friend of the lobbyist". In the United States, under the principle of"judicial economy"the Supreme Court adopted a set of rules on submission of Amicus Curiae briefs. The experience of the United States influenced the WTO dispute settlement system when the issue of the Amicus Curiae briefs is concerning.Besides the preface and the conclusion, the main body of the thesis divides into three parts.Chapter one introduces the history of the Amicus Curiae and the experience of the Amicus Curiae in the WTO system and the rules guiding the Amicus participation developed by the Appellate Body through three key cases. The Appellate Body decided first from the US-Shrimp case then the US-hot-rolled steel case that it, along with the Panel has the authority to accept and consider unsolicited briefs submitted by the Amicus. In EC-asbestos case, regardless of the oppositions of most members, the Appellate Body took a further action to develop an"additional procedure"to invite non-governmental organizations to submit briefs. The actions of the Appellate Body upset and outraged most WTO members. At the request of Egypt, the WTO General Council held a special session in 2000 to discuss the issue of Amicus Curiae briefs. With the exception to the United States, which took the view that the Appellate Body had the authority under DSU to allow Amicus participation, most WTO member delegations were highly critical of the Appellate Body's actions. The majority of delegations set forth that the issue went beyond the Appellate Body's authority and it was a matter for the members to settle.Chapter two carries out a research on the legitimacy of the interpretation of the Appellate Body about the Amicus Curiae briefs. Analyzing through the rule of interpretation under DSU and the specific language under DSU and the nature of the WTO, comes the conclusion that the interpretation and actions of the Appellate Body have no legal ground in the WTO rule system. The analysis tells that the interpretation of the Appellate Body showed the incline of expansive interpretation, contradicted...