Research On The Rules Of Admissibility Of The Statement Of Evidence In WTO Amicus Curiae

With the development of the global economy and trade,the NGO,as a "amicus curiae",has presented more and more statements to the expert group in the World Trade Organization(WTO).The amicus curiae briefs mostly represents the demands of public groups,that is,issues that the parties in the WTO dispute have no time to consider or deliberately avoid.The amicus curiae briefs is entirely due to the complexity of the international community and the lagging nature of the WTO dispute settlement body itself.As a result,the admissibility of the amicus curiae briefs led to The dispute of WTO dispute settlement mechanism is question and even objection to some members of WTO.In fact,the rule of admissibility of evidence stated by amicus curiae is not clearly stipul ated in the relevant legislation of WTO,including DSU,the core legal norm of WTO dispute settlement,and various agreements in WTO.However,in the history of the development and practice of WTO dispute settlement,the attitude of some members of the WTO on whether to approve the statement of evidence by "amicus curiae" has changed from resistance at the beginning to approval.And make the "amicus curiae" pr esentation of evidence procedures in the WTO dispute settlement cases over The process is standardized.Similarly,amicus curiae status is not clearly defined in the relevant legislation of WTO.In the practice of WTO dispute settlement,labor,ethnic minorities and foreigners are all in a weak position in the process of WTO disputes,which leads members to ignore the leg itimate interests of vulnerable groups.It is the trend of the times that NGOs represent the public interest and participate in WTO dispute settle ment procedure as amicus curiae.Information submitted by the " amicus curiae" to the panel on a neutral basis can guarantee the integration of vulnerable groups in the dispute settlement process Legal rights and in terests shall not be infringed upon.Unfortunately,NGOs are not explicitly stipulated in the relevant legislation of the WTO.To some extent,the lack of legislation on the subject status of amicus curiae in WTO hinders the development of NGO participation in WTO dispute settlement procedure.By analyzing WTO's case law on the admissibility of evidence stated by amicus curiae,we can conclude that the rule of admissibility of evidence has been preliminarily formed.However,the amicus curiae states that the rule of admissibility of evidence is in line with the general character of the rules of admissibility of evidence in the WTO,but there are still some problems in its own right,mainly including "amicus curiae"."the submitting subject of the statement evidence is not clear,the entry threshold of the" amicus curiae "to the admissibility of the statement evidence is not set,and the authentication mechanism of the" amicus curiae " briefs evidence admissibility is not established.In particular,the WTO dispute settlement body does not have a clear criterion for the admissibility of the "amicus curiae" briefs of evidence under what circumstances,let alone its predictability.Based on this,it is necessary to make clear the submitting subject of amicus curiae briefs evidence,to set up the threshold of admission of amicus curiae briefs evidence admissibility and to construct the authentication mechanism of amicus curiae briefs evidence admissibility.