Amicus Curiae System Under The Vision Of DSU Mechanism

Dispute Settlement Mechanism in WTO (hereinafter referred to DSU mechanism) known as "jewel on the WTO crown" has been a set of world trade rule and system which has the most extensive influence in the human history until now.Due to changes of the objective situation and the highlighted contradictions of DSU mechanism itself, some new problems demanding prompt solution appears in practice. And Amicus curiae briefs are one of them. As DSU document is silent on amicus curiae briefs, when amicus curiae briefs involved in DSU mechanism, it raises big disputes in theory and practice during DSU decision-making process and multilateral negotiations.The author attempts to discern the fact that amicus curiae briefs is a unceasing dispute, then reveals the essence of amicus curiae briefs. On the basis, the author suggests propose solutions for bettering amicus curiae system.First of all, the article investigates amicus curiae system in history by the method of historical research, and then illustrates the content of amicus curiae. Considering amicus curiae practice in other mechanisms, the article uses a comparative analysis method to find some differences between international judicial practices on amicus curiae. Then the article concludes that, we should give Specific analysis and different settlements. This part is the basic part of amicus curiae research.Secondly, based on actual cases about amicus curiae briefs, the article clarifies the situation amicus curiae briefs in DSU mechanism is essentially promoted to develop continuously by the method of empirical research.Thirdly, the article analyses amicus curiae under the vision of DSU mechanism both in legislation and value level. On the one hand, the legal basis for amicus curiae intervening DSU mechanism is extremely weak, the reason is insufficient to support the legitimacy of DSB. On the other hand, Panel and Appellate Body have frequently stirred outrage to promote amicus curiae system against most people’s view. The motive back to it is really worthy of exploring. The author focuses on value level and finds the great value is the fundamental reason that Appellate Body promotes amicus curiae system.Finally, introducing amicus curiae will be better, but it’s lack of legal basis. it is better to regulate institutionalized principles、substance content and procedure content to forbid the misuse of amicus curiae system instead of wasting labor resources and financial resources. To better DSU mechanism, the author proposes to strengthen the legal basis of the DSU mechanism and rebuild amicus curiae system. And the plans for china to solve amicus curiae problems are included in this part.