WTO Dispute Settlement & Amicus Curiae Briefs

"The WTO at 10: A Look at the Appellate Body": From 13-18 May 2005, FIELD was invited to speak at an international conference "The WTO at 10: A Look at the Appellate Body", in São Paulo, Brazil, on agriculture related disputes in the WTO system. To mark the 10th anniversary of the establishment of the WTO, the WTO's Appellate Body Members decided to organise six international conferences to be held separately in each of their respective regions of origin: Europe, Africa, Asia, North America, Oceania and South America. In South America, the venue for the international conference was São Paulo, Brazil. The conference was organised by the Brazilian Institute of International Trade Law and Development (IDCID) in cooperation with the University of São Paulo (Law School and International Law Department).

FIELD has been involved in submitting amicus curiae or 'friend of the court' briefs to a number of disputes within the WTO. Amicus briefs enable NGOs to participate in environmental policy making at the international level. It allows non-parties to submit relevant factual and legal arguments to a court when matters of significant public interest are at stake. NGOs have used these pleadings, for example, within the United States and South African court systems, and at the regional and international level, in human rights disputes. FIELD sought to introduce a similar practice to the WTO dispute settlement system, which is closed to the participation and scrutiny of civil society, despite the fact that it is involved in decision making over issues with profound environmental and social consequences.

A good example of the kind of disputes that come before the WTO dispute settlement body (DSB), is the current case being brought by the US against the EU over genetically modified organisms (GMOs). On May 27 2004, an international coalition of public interest groups, including FIELD, submitted an amicus curiae brief to the WTO on this issue.

Click here to read the press release.

Click here to read the full amicus brief.

Click here for more information on GeneWatch.