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ABSTRAKAmicus curiae atau friends of court merupakan praktek yang sudah ada sejak
jaman Romawi Kuno dan dalam sistem common law. Atas persetujuan
pengadilan, amicus memberikan informasi mengenai area-area hukum di luar
keahlian pengadilan atau informasi hukum tidak memihak yang tidak diketahui
oleh pengadilan, sehingga hakim dapat memberikan putusan yang berkualitas.
Sekarang ini, amicus curiae juga berpartisipasi dalam proses pemeriksaan di
pengadilan-pengadilan internasional, seperti ICJ, ITLOS, ICC, NAFTA, ICSID
dan WTO, juga pengadilan-pengadilan dalam negeri dengan sistem civil law.
Masuknya amicus curiae dan diterimanya amicus brief dalam proses penyelesaian
sengketa di WTO, menuai protes keras dari negara-negara berkembang anggota
WTO. Amicus curiae dianggap telah mengganggu hak negara anggota, dalam hal
sebagai pihak berperkara pada proses penyelesaian sengketa. Amicus curiae juga
dianggap mempengaruhi kedaulatan negara anggota. Tujuan penulisan ini adalah
untuk mengetahui bagaimana sebenarnya posisi amicus curiae dalam
penyelesaian sengketa di WTO dan terhadap negara-negara berkembang anggota
WTO.
Dari hasil penelitian diketahui bahwa amicus curiae dalam penyelesaian sengketa
di WTO, semata-mata merupakan pemenuhan kebutuhan Panel untuk
melaksanakan objective assessment dalam proses pemeriksaan setiap kasus yang
diajukan kepadanya. Hak negara anggota sebagai pihak berperkara tidak akan
terganggu karena amicus curiae bukan pihak dan tidak akan pernah dapat menjadi
pihak dalam proses penyelesaian sengketa di WTO. Berkaitan dengan hal
tersebut, amicus curiae juga tidak berpengaruh terhadap kedaulatan negara
anggota. Diketahui juga bahwa dengan perkembangan amicus curiae yang ada
sekarang, ternyata amicus curiae tidak memberikan banyak manfaat dalam proses
penyelesaian sengketa di WTO.
ABSTRACTAmicus curiae or friends of the court was a practice known in ancient Roman
times and in the common law system. The amicus, at the court's discretion,
provided information on areas of law beyond the expertise of the court or
impartial legal information that was beyond the court?s notice, so for the judge
may make a quality judgment. Now, amicus curiae also participated in proceeding
before the international courts, such as the ICJ, ITLOS, ICC, NAFTA, ICSID and
WTO, as well as the domestic courts with civil law system.
The participation of amicus curiae and receipt of amicus briefs in the dispute
settlement process in the WTO, has lead the protests from developing countries
members of the WTO. Amicus curiae is considered to interfere with the rights of
members, in the respect of a party in the dispute settlement proceeding. Amicus
curiae is also considered to affect the sovereignty of member states. The purpose
of this paper is to determine how the actual position of the amicus curiae in the
WTO dispute settlement and toward the developing countries of WTO members.
The survey revealed that the amicus curiae in the WTO dispute settlement, merely
the fulfillment of the Panel to make the objective assessment of the matters before
it. The member states right as the party shall not be interfered because amicus
curiae is not the party and will never be as the party to the dispute settlement in
the WTO. In this regard, amicus curiae also does not affect the sovereignty of
member states. With the development of amicus curiae, amicus curiae turns not
provide much benefit in the process of dispute settlement in the WTO.
Rights of member states as parties litigant will not be interrupted because an
amicus curiae is not a party and will never be a party to the dispute settlement
process in the WTO. Please also note that with the development of the present
amicus curiae, amicus curiae turns not provide much benefit in the process of
dispute settlement in the WTO.;Amicus curiae or friends of the court was a practice known in ancient Roman
times and in the common law system. The amicus, at the court's discretion,
provided information on areas of law beyond the expertise of the court or
impartial legal information that was beyond the court’s notice, so for the judge
may make a quality judgment. Now, amicus curiae also participated in proceeding
before the international courts, such as the ICJ, ITLOS, ICC, NAFTA, ICSID and
WTO, as well as the domestic courts with civil law system.
The participation of amicus curiae and receipt of amicus briefs in the dispute
settlement process in the WTO, has lead the protests from developing countries
members of the WTO. Amicus curiae is considered to interfere with the rights of
members, in the respect of a party in the dispute settlement proceeding. Amicus
curiae is also considered to affect the sovereignty of member states. The purpose
of this paper is to determine how the actual position of the amicus curiae in the
WTO dispute settlement and toward the developing countries of WTO members.
The survey revealed that the amicus curiae in the WTO dispute settlement, merely
the fulfillment of the Panel to make the objective assessment of the matters before
it. The member states right as the party shall not be interfered because amicus
curiae is not the party and will never be as the party to the dispute settlement in
the WTO. In this regard, amicus curiae also does not affect the sovereignty of
member states. With the development of amicus curiae, amicus curiae turns not
provide much benefit in the process of dispute settlement in the WTO.
Rights of member states as parties litigant will not be interrupted because an
amicus curiae is not a party and will never be a party to the dispute settlement
process in the WTO. Please also note that with the development of the present
amicus curiae, amicus curiae turns not provide much benefit in the process of
dispute settlement in the WTO.;Amicus curiae or friends of the court was a practice known in ancient Roman
times and in the common law system. The amicus, at the court's discretion,
provided information on areas of law beyond the expertise of the court or
impartial legal information that was beyond the court’s notice, so for the judge
may make a quality judgment. Now, amicus curiae also participated in proceeding
before the international courts, such as the ICJ, ITLOS, ICC, NAFTA, ICSID and
WTO, as well as the domestic courts with civil law system.
The participation of amicus curiae and receipt of amicus briefs in the dispute
settlement process in the WTO, has lead the protests from developing countries
members of the WTO. Amicus curiae is considered to interfere with the rights of
members, in the respect of a party in the dispute settlement proceeding. Amicus
curiae is also considered to affect the sovereignty of member states. The purpose
of this paper is to determine how the actual position of the amicus curiae in the
WTO dispute settlement and toward the developing countries of WTO members.
The survey revealed that the amicus curiae in the WTO dispute settlement, merely
the fulfillment of the Panel to make the objective assessment of the matters before
it. The member states right as the party shall not be interfered because amicus
curiae is not the party and will never be as the party to the dispute settlement in
the WTO. In this regard, amicus curiae also does not affect the sovereignty of
member states. With the development of amicus curiae, amicus curiae turns not
provide much benefit in the process of dispute settlement in the WTO.
Rights of member states as parties litigant will not be interrupted because an
amicus curiae is not a party and will never be a party to the dispute settlement
process in the WTO. Please also note that with the development of the present
amicus curiae, amicus curiae turns not provide much benefit in the process of
dispute settlement in the WTO., Amicus curiae or friends of the court was a practice known in ancient Roman
times and in the common law system. The amicus, at the court's discretion,
provided information on areas of law beyond the expertise of the court or
impartial legal information that was beyond the court’s notice, so for the judge
may make a quality judgment. Now, amicus curiae also participated in proceeding
before the international courts, such as the ICJ, ITLOS, ICC, NAFTA, ICSID and
WTO, as well as the domestic courts with civil law system.
The participation of amicus curiae and receipt of amicus briefs in the dispute
settlement process in the WTO, has lead the protests from developing countries
members of the WTO. Amicus curiae is considered to interfere with the rights of
members, in the respect of a party in the dispute settlement proceeding. Amicus
curiae is also considered to affect the sovereignty of member states. The purpose
of this paper is to determine how the actual position of the amicus curiae in the
WTO dispute settlement and toward the developing countries of WTO members.
The survey revealed that the amicus curiae in the WTO dispute settlement, merely
the fulfillment of the Panel to make the objective assessment of the matters before
it. The member states right as the party shall not be interfered because amicus
curiae is not the party and will never be as the party to the dispute settlement in
the WTO. In this regard, amicus curiae also does not affect the sovereignty of
member states. With the development of amicus curiae, amicus curiae turns not
provide much benefit in the process of dispute settlement in the WTO.
Rights of member states as parties litigant will not be interrupted because an
amicus curiae is not a party and will never be a party to the dispute settlement
process in the WTO. Please also note that with the development of the present
amicus curiae, amicus curiae turns not provide much benefit in the process of
dispute settlement in the WTO.]
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