Amicus Curiae Brief to the World Trade Organization: European Communities – Measures Affecting the Approval and Marketing of Biotech Products [A version of this publication is also published in Bridges.] (The Motion to submit the brief is also available) (June 2004)

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Amicus curiae briefs are fundamental in developing balanced and high-quality decisions in the World Trade Organization (WTO) dispute settlement system. A Panel is entrusted with conducting an “objective assessment” of the case before it, but as the multilateral trade framework continues to expand and increase its areas of influence, carrying out such an assessment becomes more challenging. Since Panels are not forced to restrict their analysis to the arguments presented by the parties to the dispute,however, relevant information and technical advice put forth by non-parties -– in the form of amicus curiae briefs -– can prove valuable in achieving just and well- rounded decisions. Moreover, through the consideration of amicus curiae briefs, Panels can ensure the participation of all affected sectors of the public, which,particularly in cases of high political sensitivity, also increases the legitimacy of decisions made in the context of the WTO
dispute settlement.

The present amicus curiae brief aims to contribute in such an important manner in the case of European Communities — Measures Affecting the Approval and Marketing of Biotech Products (EC-Biotech). By providing information that will allow the Panel to consider the full range of available scientific evidence, as well as expertise in the relevant legal regimes, the present brief seeks to constitute an instrument for a balanced and high-quality decision. In this regard, the undersigned amici are well respected in the environmental community and recognized in that context for their expertise in the field of trade and environment, and will thus provide valuable factual and technical information
for the Panel’s consideration.

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