| The Final Act: Much Ado About Nothing............................................................................................................13 ACT ONE: TAMING OF THE SHREW (2008) | |||||||||||||
Abstract | |||||||||||||
| Amicus curiae briefs recently monopolised the discussion with respect to WTO dispute settlement proceedings. WTO members, with the exception of very few, showed in rather explicit terms their disagreement with the way the Appellate Body handled this issue. It all started when the Appellate Body in the context of a recent litigation officially invited amicus curiae briefs. Some WTO Members requested that an extraordinary Council meeting be convened. Heated exchanges during the Council meeting probably had an effect and the Appellate Body decided to back-track from what it originally stood for. What happened in the Council though was the culmination of a more general dissatisfaction. In this Paper, I first provide an account of the legal interpretation that the Appellate Body privileged when dealing with the status of amicus curiae briefs in WTO law (Act Two). I then move to a brief Act Three, where I examine under what conditions parties would be interested in filing such briefs to the WTO. I note in this respect that the most obvious candidates (consumers ’ organisations) have yet to use this possibility and that the main users are non-governmental organisations (NGOs) with an interest in health | |||||||||||||
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