Research On Application And Countermeasure Of"Amicus Curiae" In DSU

"Amicus curiae" system is a problem in recent years; it is the most controversial in the WTO dispute settlement mechanism. Although there is no express provision about "amicus curiae" in the DSU procedure rules, in many disputes in the Practice of the Panel and Appellate Body."Amicus curiae" has been repeated application of the DSB institutions. Now, the "amicus curiae" system has become an important issue for the new round of WTO negotiations. In this regard, developed countries have different attitudes to developing countries. On the absence of such a system also challenged our country’s interest’s protection in the WTO.This article starts from the analysis of the value of the "amicus curiae", and discussed "amicus curiae" system’s primary coverage and the development reason. Then through to several cases’discussions, summarizes the practical feasibility of "amicus curiae" in the WTO dispute settlement cases. Finally, the article has analyzed WTO’s member nation’s different attitudes of "amicus curiae", combined with the existing rules of the WTO dispute settlement procedures, and proposed measures of our country deals with "the friends of the court" system’s counter.This article is divided into four parts:The first part is the "amicus curiae" outline in the DSU mechanism. This part started from the sources of law and the concept of the "amicus curiae", elaborated the important value of the system to participate in the DSU mechanism, and has analyzed this system development reason as well as the differences between in the DSU program and in general domestic judicial mechanisms, and made the theory upholstery for as follows discussion.The second part is the analysis of practice of "amicus curiae" in the DSU. This section is an innovative content of the paper, mainly involved in the practice of the "amicus curiae" in the DSU. Outlook on the latest dispute cases, and discussed the feasibility of participation of the "amicus curiae".The third part is the world’s different attitudes to "amicus curiae" to participate in DSU. This part points out that countries around the world have a completely different perspective to the "amicus curiae" to participate in the dispute settlement mechanism, and analyzes the reasons for holding supportive and opposed.The fourth part is our country’s strategy to deal with the "amicus curiae" in the WTO dispute settlement mechanism. This part is also this article elaboration core, think that the introduction of the "amicus curiae" system in the WTO dispute settlement procedures in line with the development of the situation. Points out the deficiencies in our country’s legislation, and give a specific legislative proposal according to the lack of the "amicus curiae" system.