ABSTRACT

This chapter addresses 'how' of dispute settlement. Some initial remarks about the substance of the Shrimp/Turtle dispute. The Shrimp/Turtle case is, in author's view, a significant step forward in the debate on trade and environment. Another critical part of the Shrimp/Turtle decision is procedural, and it relates to amicus curiae briefs. The whole world is not terribly interested in sending in amicus curiae briefs, and the NGO community is perfectly capable of organizing itself to submit fewer documents and deciding who is going to do what — generally controlling the flow, in other words. The Appellate Body has cleared away opposition to a point that has been made for some years by NGOs and independent experts about the opportunity for submitting additional information to a panel process from outside non-governmental sources.