Externa yttranden i WTO: Problemskapare eller problemlösare?
Independent thesis Advanced level (professional degree), 20 credits / 30 HE creditsStudent thesis
Submitting amicus curiae briefs is a mean by which non-governmental organisations (NGOs) can influence procedures in the WTO. In those briefs, NGOs present facts and ideas concerning a dispute. A panel or the appellate body may take the briefs into consideration or disregard them. This essay examines cases from which amicus curiae briefs in the WTO have developed, including an analysis of the legal reasoning made by panels and the appellate body.
The conclusion of this essay, de lege lata, is that amicus curiae briefs can be considered by panels because of their right to “seek information” under article 13 DSU. The same rule does not apply for procedures in the appellate body and there is no similar rule that can be applied in the same way. Thus, the acceptance of amicus curiae briefs in the appellate body is questionable.
Furthermore, I conclude, de lege ferenda, that amicus curiae briefs should not be allowed in the appellate body because of its character of being a superior instance. However, amicus curiae briefs are useful for procedures in panels and should continue to be allowed.
Place, publisher, year, edition, pages
2016. , 77 p.
WTO Tvistlösning amicus curiae handelsrätt
Law and Society
IdentifiersURN: urn:nbn:se:uu:diva-283427OAI: oai:DiVA.org:uu-283427DiVA: diva2:919075
Hobér, Kaj, Professor
Bylander, Eric, Docent