A Study Of Applications For "Amicus Curiae"

At this stage, with the continuous development of economic globalization and trade liberalization, the WTO trade involves more and more extensive, and the professional is more and more strong, which leads to the increasingly complex trade disputes, which is no longer limited to the trade interests of the member states. In WTO dispute settlement mechanism, more and more non governmental organizations to the identity of "friend of the court" involved, argue that they represent the public interest. The dispute settlement mechanism takes into account the existence of some lag and social situation of the social situation, consider accepting "the friend of the court", but in fact, "the friend of the court" has been questioned by the WTO members, whether in theory or in practice.From an objective point of view, the core of the dispute settlement mechanism of DSU and WTO under the agreement are the friends of the court to make a clear, this is the WTO members of the friends of the court, the application of legitimacy questioned. In practice, however, the dispute settlement body DSB has gradually accepted and considered the "friend of the court", and its development, from the beginning of the "Friends of the court", to develop special rules for its additional procedural rules. The reason for this situation is that, as a result, the value of the friends of the court can not be ignored, which is in line with the international trend of development, and this is also the DSB even faced with the high degree of WTO members questioned, but also decided to accept and develop in practice, the friends of the court". Secondly, "friend of the court" in the WTO in the lack of the necessary legal basis, furthermore the DSB in practice measure standard of "friend of the court" is acceptable and what is not is uncertain and no forecast. In addition, the final report of your findings did not use good reason to explain whether to accept "friend of the court", resulting in the majority of the members of the discontent, they criticized.This article mainly from the perspective of DSU mechanism, the "Friends of the court" in the WTO dispute settlement mechanism, as the main research clues, using historical analysis, empirical analysis, comparative analysis, comparative analysis of the problem and the root causes of this problem, summarized "the friends of the court" and the dispute settlement mechanism, and put forward the DSU mechanism in the WTO dispute settlement mechanism can be applied and its basis.