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Amici Curiae in the EC-Asbestos Case (WT/DS 135/R&AB)
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Amicus Curiae in EC-Asbestos (DS 135): Applications requesting leave to file a written brief and the briefs of NGOs

On this page, the amici curiae submitted to the WTO in the EC-Asbestos Case (WT/DS135) are listed as they have been mentioned in the footnotes of the AB-decision. If an application or a brief is available on the Internet, a link is provided: click on "Application" or "amicus curiae brief". Unfortunately, we were able to find only a few of these briefs and would appreciate receiving the other applications and briefs for research purposes. Please contact us if you have more material or briefs pertaining to amicus curiae and the WTO and inform us if we can make it available here, or if it has to be treated confidentially.

Panel Proceeding

In the proceedings before the Panel, the Panel received five written submissions from non-governmental organizations, two of which the Panel decided to take into account, as they were incorporated by reference into the submissions of the EC.

  1. Collegium Ramazzini, dated 7 May 1999 Incorporated by the EC, considered by the Panel
  2. Ban Asbestos Network, dated 22 July 1999 Not taken into consideration
  3. Instituto Mexicano de Fibro-Industrias A.C., dated 26 July 1999 Not taken into consideration
  4. American Federation of Labor and Congress of Industrial Organizations, dated 28 July 1999 Incorporated by the EC, considered by the Panel
  5. ONE ("Only Nature Endures"), received 27 June 2000 Not accepted; submitted too late
Appellate Body Proceeding

In the appellate review, on November 8, 2000, the Appellate Body adopted an Additional Procedure under Rule 16(1) of the Working Procedures for Appellate Review in the interests of fairness and orderly procedure, asking any person wishing to file a written brief with the Appellate Body, to apply for leave to file an such a brief by noon on Thursday, 16 November 2000.

Pursuant to the Additional Procedure, the Appellate Body received 17 applications requesting leave to file a written brief in the case at hand.

The Appellate Body received 11 of these 17 applications for leave to file a written brief in this appeal within the time limit of noon on Thursday, 16 November 2000:

  1. Professor Robert Lloyd Howse (United States); Application

  2. Occupational & Environmental Diseases Association (United Kingdom); Application

  3. American Public Health Association (United States); Application

  4. Centro de Estudios Comunitarios de la Universidad Nacional de Rosario (Argentina);

  5. Only Nature Endures (India);

  6. International Council on Metals and the Environment and American Chemistry Council (United States);

  7. Korea Asbestos Association (Korea);

  8. European Chemical Industry Council (Belgium);

  9. Australian Centre for Environmental Law at the Australian National University (Australia);

  10. Associate Professor Jan McDonald and Mr. Don Anton (Australia);

  11. Joint application from: Application

    1. Foundation for Environmental Law and Development (United Kingdom)

    2. Center for International Environmental Law (Switzerland)

    3. International Ban Asbestos Secretariat (United Kingdom)

    4. Ban Asbestos International and Virtual Network (France)

    5. Greenpeace International (The Netherlands)

    6. World Wide Fund for Nature, International (Switzerland)

    7. Lutheran World Federation (Switzerland)

All of these 11 applications were denied "for failure to meet the requirements of paragraph 3 of the additional procedure adopted by the Division" (of the AB, cf. Standard letter).

Six of these 17 applications were received after the deadline of noon on Thursday, 16 November 2000 and, for this reason, leave to file a written brief was denied to the following six applicants:

  1. Association of Personal Injury Lawyers (United Kingdom);

  2. All India A.C. Pressure Pipe Manufacturer's Association (India);

  3. International Confederation of Free Trade Unions/European Trade Union Confederation (Belgium); Application

  4. Maharashtra Asbestos Cement Pipe Manufacturers' Association (India);

  5. Roofit Industries Ltd. (India);

  6. Society for Occupational and Environmental Health (United States).

  7. Dated 6 February 2001, seven NGOs filed a joint amicus curiae brief, despite the fact that their application for leave to file a written brief had been denied before. The Appellate Body didn't accept this brief.

 

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