WTO争端解决机制中“法庭之友”的应用探讨

The Necessity of Amicus Curiae's Participation in WTO Dispute Settlement System

非政府组织作为"法庭之友"是目前最主要也是最重要的形式之一。本文从国际贸易、国际投资及国际政治角度,对WTO争端解决机制引入"法庭之友"的必要性及重要性进行了论证,并采取实证研究的方法,对非政府组织作为"法庭之友"的案例及现状进行分析,进而对WTO争端解决机制中的"法庭之友"制度构建提出了相关建议,以期其能为国际贸易、国际投资等作出更大的贡献。

With the larger scope of cases accepted by the WTO Dispute Settlement, more and more NGOs try to participate in the WTO dispute settlement with the intention of guarding public interests. However, the rationality and validity of amicus submission is controversial. Therefore, the issue of NGO participating in the WTO dispute settlement as amicus curiae is worth studying. On the basis of the brief introduction of the NGO, this paper demonstrates the necessity and importance of introducing the NGO to the WTO Dispute Settlement from the perspective of international trade, international investment and international politics. This paper explores the historical practice and current situation of non- governmental organizations as the NGO in the WTO Dispute Settlement, and finally puts forward some suggestions on the construction of the NGO in the WTO dispute settlement to help it make a greater contribution to international trade, international investment and others.