A Study On The Amicus Curiae In NAFTA Investment Dispute Arbitration

The investor-state dispute resolution mechanism in Section B Chapter 11 is undoubtedly one of the most innovative provisions in NAFTA. It has significantly developed and enhanced the standard of investor protection and been a landmark in the development of international economic dispute resolution mechanisms. Amicus Curiae's intervention in the investor-state dispute resolution is one of the significant characteristics in this mechanism.There are only few amphibolous provisions about Amicus Curiae in NAFTA Chapter 11 mechanism heretofore and the practices on Amicus Curiae is limited since NAFTA has only a ten-year history, however what can not be deny is that it would undoubtedly effect the investor-state dispute resolution on the bilateral, regional and multilateral level. At the same time, Amicus Curiae occur in more and more countries especially those of common law and on the international level. Those all makes it important to study on the Amicus Curiae in NAFTA Chapter 11 mechanism.Except for the Preface and Conclusion, this article is divided into four chapters.Chapter One reviews the history of Amicus Curiae. On the basis of elucidating the concept of Amicus Curiae and distinguishing it from the similar concept in subchapter one, subchapter two examines the development course of Amicus Curiae in the United States. Those above are the basis to study on Amicus Curiae.Chapter Two focus on the Amicus Curiae in NAFTA investment dispute settlement mechanism. This chapter firstly shows the development of Amicus Curiae in NAFTA investment dispute settlement mechanism, by elaborating on the few amphibolous provisions on Amicus Curiae and the limited practices of it in NAFTA Chapter 11 mechanism. Secondly, considering the status and influence of WTO, the next subchapter introduces the provisions and practice of Amicus Curiae in DSB of WTO. Lastly, the author analyzes the difference between them and then makes some suggestions on using the latter for reference.Chapter Three analyzes the value of producing Amicus Curiae into NAFTA investment dispute settlement mechanism and the present problems. After introducing and analyzing the general value of Amicus Curiae and negative appraisement toward it, the article focus on the specific value of Amicus Curiae in NAFTA investment dispute arbitration, and then points out the present problems as well as makes some suggestions for innovation.Chapter Four is about the standpoint and practice of China on Amicus Curiae. The author introduces the mainly practice of China on Amicus Curiae firstly and then on the standpoint of China in the bilateral, regional and multilateral situation, makes some suggestions respectively.