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.
- Collegium
Ramazzini, dated 7 May 1999 Incorporated by the
EC, considered by the Panel
- Ban
Asbestos Network, dated 22 July 1999 Not taken into
consideration
- Instituto
Mexicano de Fibro-Industrias A.C., dated 26 July 1999
Not taken into consideration
- American
Federation of Labor and Congress of Industrial Organizations,
dated 28 July 1999 Incorporated by the EC, considered
by the Panel
- 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:
- Professor
Robert Lloyd Howse (United States); Application
- Occupational
& Environmental Diseases Association (United Kingdom);
Application
- American
Public Health Association (United States); Application
- Centro
de Estudios Comunitarios de la Universidad Nacional
de Rosario (Argentina);
- Only
Nature Endures (India);
- International
Council on Metals and the Environment and American Chemistry
Council (United States);
- Korea
Asbestos Association (Korea);
- European
Chemical Industry Council (Belgium);
- Australian
Centre for Environmental Law at the Australian National
University (Australia);
- Associate
Professor Jan McDonald and Mr. Don Anton (Australia);
- Joint
application from: Application
- Foundation
for Environmental Law and Development (United Kingdom)
- Center
for International Environmental Law (Switzerland)
- International
Ban Asbestos Secretariat (United Kingdom)
- Ban
Asbestos International and Virtual Network (France)
- Greenpeace
International (The Netherlands)
- World
Wide Fund for Nature, International (Switzerland)
- 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:
- Association
of Personal Injury Lawyers (United Kingdom);
- All
India A.C. Pressure Pipe Manufacturer's Association
(India);
- International
Confederation of Free Trade Unions/European Trade Union
Confederation (Belgium); Application
- Maharashtra
Asbestos Cement Pipe Manufacturers' Association (India);
- Roofit
Industries Ltd. (India);
- Society
for Occupational and Environmental Health (United States).
- 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.