A Study On The Role Of NGOs In WTO System

The role of NGOs in WTO system is of vital importance in the evolution of the world. Inquiring the role of NGOs in WTO system, we must study the relationship between NGOs and the decision-making of WTO. Meanwhile, we must study the relationship between NGOs and the dispute settlement mechanism. Nowadays, the discussion of whether NGOs should play a role in the decision-making of WTO is not over. The legal documents of WTO don't give explicit statements on how NGOs would participate in the decision-making of WTO. Notably, NGOs have been able to influence the decision-making in certain ways. NGOs can attend ministerial meetings and symposium. However, there are some drawbacks that should be overcome. Compared with the issue of NGOs' participating in the decision-making, the issue of NGOs' participating in dispute settlement mechanism is rather complicate. This article regards that NGOs cannot bring complaints directly before WTO dispute settlement institutions. Some cases have indicated that the dispute settlement of WTO has been becoming more open. Nowadays, NGOs can participate the dispute settlement mechanism as amicus curiae. However, this form of participation mechanism needs further improvements. The ministerial meeting or the general council should make rules governing "amicus curiae briefs". Only the panels can accept and consider "amicus curiae briefs". The panels should consider the procedural criteria and the substantial criteria. WTO's position on the issue of the NGOs' participation has influenced some regional dispute settlement mechanisms. Considering the role of NGOs in WTO's decision-making and dispute settlement, China should construct the NGOs department and accelerate the development of NGOs. China's NGOs should play a more active role in WTO's decision-making and dispute settlement.