Study On "Amicus Curiae" Issue At The WTO Dispute-Settlement Mechanism

The WTO Dispute-Settlement Mechanism, known as “the crown jewel of WTO”,has made an important contribution to resolve the trade disputes between WTOmembers in the past ten years of practice. However, with the development ofmultilateral trade, WTO Dispute-Settlement Mechanism is also facing many problems,of which “Amicus Curiae” issue is a big one. The fundamental legal document ofWTO Dispute-Settlement Mechanism, Understanding on Rules and ProceduresGoverning the Settlement of Disputes (DSU), does not make relevant laws andregulations about Amicus Curiae. Therefore, the practice on the issue of the Panel andthe Appellate Body has attracted the attention of WTO members and academia, whichhas also caused fierce controversy.This paper, regarding about the practice of the Panel and the Appellate Body on“Amicus Curiae” issue, will apply the methods of comparative analysis, empiricalanalysis, law hermeneutic to probe into this issue, and this paper will also analyze thelegality and rationality about the Panel and the Appellate Body’s accepting theAmicus Curiae Briefs that have not been sought yet. Besides, this paper also makesrecommendations on how to solve “Amicus Curiae” issue.This paper includes introduction, body with four chapters, and conclusion. Thefirst chapter will analyze and demonstrate the typical cases of “Amicus Curiae” andthen seek the development track of “Amicus Curiae” issue in the dispute-settlementmechanism, after having summarized the Amicus Curiae System. The second chapterwill induce and analyze the WTO members’ disputes on “Amicus Curiae” issue andtheir suggestions on this matter in Doha Round and then point out the essence of thedispute of Amicus Curiae, i.e. the gaming of North-South interests and the battle oftrade value and non-trade value. What follows is the core chapter, chapter3and thispart will probe further into the “Amicus Curiae” issue at the WTO Dispute-SettlementMechanism. First of all, from the perspective of the nature of “Amicus Curiae” issue,and stipulations of DSU and “WTO Permanent Appellate Body Appeal and ReviewProcedural Rule”, it will fully analyze and conclude that the Panel and the AppellateBody have no right to accept the Amicus Curiae Briefs that have not been sought yet.In the second place, from the perspective of hard-to-keep the neutrality of Amicus Curiae Briefs, the nature of WTO, inter-governmental organization, and the objectivelegitimacy of WTO Dispute-Settlement Mechanism, it will also demonstrate andconclude that the Panel and the Appellate Body shall not accept the Amicus CuriaeBriefs that have not been sought yet, i.e. the partial WTO members’ suggestion is notrational on instituting rules to accept the Amicus Curiae Briefs that have not beensought yet. Finally, certain suggestions will be put forth on solving the “AmicusCuriae” issue. In the fourth chapter, the author holds that as a developing country,China should insist on being opposed to the Panel and the Appellate Body’s acceptingAmicus Curiae Briefs that have not been sought yet and the author simultaneouslypoints out China’s problems in responding to “Amicus Curiae” issue and proposescertain solutions to these problems.