Amicus Curiae: Participant or Friend? The WTO and NAFTA Experience

Abstract:     
How did the phenomenon of amici curiae submissions arise in WTO and NAFTA dispute settlement? The rules did not expressly contemplate submissions by non-state actors or participation by them, but the Appellate Body and panels developed case-by-case authority for admitting them. Amici curiae briefs can be helpful to dispute settlement panels and tribunals, and should be admitted by them. Non-state actors seeking to make submissions in WTO and NAFTA cases should be viewed as "friends" of panels, however, rather than as "participants" or parties in the disputes. Also, it is important that rules of procedure be developed to allow panels to be masters of their own houses as well as to guarantee due process and fairness to the parties to the disputes.

Number of Pages in PDF File: 32

Keywords: Amicus Curiae, WTO, NAFTA, Environment, Trade, NGO

JEL Classification: F1, K2, K3, L5

Accepted Paper Series