「法庭之友」於WTO爭端解決機制中之適用、實踐與展望---以相關案例解析為主軸

• Main Authors: Chih-Kai, Yang, 楊志凱
• Other Authors: 李貴英
• Format: Others
• Language: zh-TW
• Published: 2004
• Online Access: http://ndltd.ncl.edu.tw/handle/21647040341698534641

碩士 === 東吳大學 === 法律學系研究所 === 92 === This thesis first makes an introduction of the concept and the nature of amicus curiae (friends of the court), following by analyzing the participation of the non-governmental organizations and Civil Society and individual as amicus curiae in the WTO dispute settlement procedure. The amicus curiae briefs have now been received by a number of WTO panels and the Appellate Body; however, many WTO members raise objections to this practice and require more explicit criteria to guide the use of the briefs. Therefore this thesis explores the implications of amicus curiae briefs in the WTO dispute settlement mechanism, and looks profoundly into the reports of the panel and the Appellate Body in order to find out all relevant issues of the amicus curiae. The admissibility of amicus curiae briefs in the WTO dispute settlement mechanism involves essentially the question of transparency and democratization, entailing a high degree of constitutional significance. This thesis outlines different options for tackling this question by the WTO dispute settlement body and highlights the complexities thereby entailed, drawing a distinction between policy arguments and legal arguments. It would be less likely that actions by the political bodies of the WTO will succeed without a package deal at a ministerial conference. Finally, we are of the view that it would be necessary to establish uniform rules or to apply a uniform practice for the consideration of amicus curiae briefs in the WTO dispute settlement procedures; however the efficiency and the procedural justice of the WTO dispute settlement mechanism should never be affected.