Research On Amicus Curiae Of WTO Dispute Settlement Procedures

There is no stipulation on“Amicus Curiae”under the agreements including DSUof WTO. But it is a common practice for Amicus Curiae to submit their brief to thePanels and the Appellate Body. The Dispute Settle Body adopts an adhoc andinconsistent approach towards Amicus Curiae brief, which triggers the hot debateamong WTO members. In order to improve the adjudicating capability of disputesettlement body and establish a more predictable and transparent system, there is aneed for dispute settlement body to have a interpretation and clarification on this issue,namely, allow Amicus Curiae brief to be submitted at the Panel Stage.This article, based on comparative analysis and case study, first identifies thelegal concept of amicus curiae, presents the profile of "amicus curiae" system incommon law as well as its legal value, and then the differences between "amicuscuriae" at the WTO and International Court of Justice,"amicus curiae" in ICSID andDSB, Third parties and the Amicus Curiae under DSB in order to show the uniquecharacteristic of "amicus curiae", after that spots various legal issues of "amicuscuriae" on different stages of dispute settlement process on a case by case basis. In theend, this article proposes the envisages that NGO involves in system of the WTOdispute settlement mechanism as a "friend of the court", and the coping strategies forchina.As a main trading country, China has actively engaged in the panel and appellate body process despite of its late entry to the WTO. China’s participation as "amicuscuriae" is an important tool to improve its understanding of how the disputesettlement mechanism works and influences the interpretation and application ofWTO rules. By combing the practice of "Amicus curiae" in the WTO disputesettlement, it is advisable that China should not miss the opportunities to be "amicuscuriae" in selected disputes with an aim to having its say on the making of WTO ruleson the Doha DSU negotiations and safeguarding the trade interests of developingcountries.