Study On "Amicus Curiae" In WTO Dispute Settlement System

"Amicus Curiae" system originated from the Roman law, meaning "a friend of the court", referring to that a professional who has expertise or original opinions with regard to legal cases or legal issues, by providing the court with written assistance reports, submits his inspiration and opinions of the legal case in his own domain to the court, conducive to the court's understanding and judgment of the fact of the case, and helping to make fair and reasonable judgment. In the WTO dispute settlement mechanism, there has been dispute as to the acceptance of "amicus curiae" statement. This paper attempts to seek the rationality and legality of amicus curiae statement by historical analysis and case analysis of amicus curiae system in WTO dispute settlement mechanism. The first part mainly introduces the general situation and development and practice of amicus curiae system. The second part, through cases, analyzes the attempt of "amicus curiae" system in WTO dispute settlement mechanism, and the different opinions and their reasons of amicus curiae. The third part analyzes the admissibility of amicus curiae in dispute settlement mechanism, and has accordingly demonstrated that "amicus curiae" statement can be accepted in WTO dispute settlement mechanism. The fourth part mainly introduces the principles, subject and method for the construction of amicus curiae system. The fifth part primarily discusses the revelation and impact of introduction of "amicus curiae" to China.