Research On The Problems Of Amicus Curiae In WTO Dispute Settlement Mechanism

The achievement of the WTO dispute settlement mechanism in solving international economic and trade disputes is recognized by various countries,but some of its practices and institutional rules are controversial,and the amicus curiae issue is one of them.Although the treatment of amicus curiae briefs is not explicitly specified in the DSU,the Panel and Appellate Body have used amicus curiae briefs several times and gradually regulated relevant procedural rules.Amicus curiae can play a unique role in WTO dispute settlement mechanism,enhancing transparency,predictability and democracy,but the possible negative effects make many members very afraid.In addition,Introducing it into the WTO dispute settlement mechanism also faces some legal obstacles,and only by resolving the legitimacy crisis can the specific construction of the system be further discussed.When thinking about institutional design,the rich domestic practice of the United States and the mature experience of Appellate Body provide full reference.Moreover,the issue of amicus curiae has been difficult to form unity in discussions on the reform of the DSU mechanism.Due to the lack of domestic practical experience,the attitude and position of China are too conservative,which is not conducive to the protection of domestic interests.Therefore,for the above problems,the article conducted the following analysis:The first chapter is a general introduction to amicus curiae.It first introduces the meaning of amicus curiae and its development in domestic courts and international institutions;then leads to the amicus curiae practice in the WTO dispute settlement mechanism,details the process when amicus curiae is gradually accepted,and finally analyzes the negative and positive effects of amicus curiae.It is clear that the advantages of the amicus curiae system outweigh the disadvantages,and points out the problems faced by the amicus curiae in the WTO dispute settlement mechanism.The second chapter studies the legitimacy dispute of amicus curiae in the WTO dispute settlement mechanism.Through combing,it is concluded that legitimacy disputes mainly include: legal basis,content of briefs,confidentiality of mechanism and due process issues.Among the above problems,the legal basis can be solved through DSU mechanism,and other problems need to be solved through the construction of a complete system.The third chapter is the specific assumption of the construction of the amicus curiae system.Firstly,by analyzing the value of stability,consistency and predictability of law,this thesis defines the necessity and urgency of constructing the amicus curiae system;Then it expounds the specific scheme of constructing the amicus curiae system from the perspective of legal amendment,clarifying the scope of the subject,clarifying the substantive standards and procedural standards.The fourth chapter puts forward the viewpoint of changing positions and attitudes in order to better safeguard national interests in the process of international dispute settlement under the change of China’s economic and social conditions.It also puts forward the coping strategies at the international and domestic levels,that is,strengthening international liaison,participating in the rule-making process,cultivating domestic non-governmental organizations,solving their funding problems and prescribing expert legal opinions in advance.