WTO: ACEL application for leave to file Amicus Curiae brief -- Asbestos

WORLD TRADE ORGANIZATION Application for Leave by ACEL-ANU16 November 2000 Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING ASBESTOS AND ASBESTOS-CONTAINING PRODUCTS Application by the Australian Centre for Environmental Law at The Austrlian National University (ACEL-ANU) for Leave to File a Written Amicus Curiae Brief in the Appeal of European Communities -- Measures Affecting Asbestos and Asbestos-Containing Products Comes now the Applicant, the Australian Centre for Environmental Law at The Australian National University (ACEL-ANU), pursuant to the Additional Procedure Adopted Under Rule 16(1) of the Working Procedures for Appellate Review (WT/DS135/9) by the Appellate Body Division hearing the appeal in European Communities -- Measures Affecting Asbestos and Asbestos-Containing Products, and states the following in support of its Application for Leave to File a Written Amicus Curiae Brief: 1. The Australian Centre for Environmental Law at The Australian National University was established in 1991 as a collaborative venture between the law schools of three of Australia`s leading Universities (The Australian National University, University of Sydney and University of Adelaide). Today, ACEL-ANU is widely respected as an independent, non-partisan centre of academic excellence in environmental law and policy. 2. The purpose and mission of ACEL-ANU is to deliver world class environmental legal research and education, as well as to contribute to cutting-edge environmental law reform and policy development in Australia and internationally. In fulfilling this mission, ACEL-ANU draws on a unique combination of academics, legal practitioners and policy specialists. It maintains strong ties to the community, industry and government with the support of an Advisory Committee made up of prominent leaders from the legal profession, judiciary, business, government, non-governmental organisations and academia. 3. As an internationally recognised centre of environmental law that conducts research and teaching in the field of international trade and the environment, the Applicant has a strong interest in this appeal. The primary nature of the Applicant`s interest concerns the bearing of the instant case on future disputes that involve the application and admissibility of trade related measures necessary to protect human, animal or plant life or health in a non-arbitrary and justifiable manner under paragraph (b) of Article XX of the General Agreement on Tariffs and Trade of 1994 (GATT 1994). 4. In particular, the Applicant has, through its members, engaged in significant research relating to, amongst other things, the synergies and tensions between GATT/WTO trade disciplines and the General Exceptions contained in Article XX of the GATT 1994. The Applicant has, through its members, provided advice to all levels of Australian government, as well as Australian and international NGOs, on trade related measures that may be necessary to protect human, animal or plant life or health in a non-arbitrary and justifiable manner under GATT 1994. 5. In view of the Notification of an Appeal by Canada in this matter (WT/DA135/8), the specific issues of law and legal interpretations by the Panel subject to the instant appeal that the Applicant intends to address relate to the third asserted erroneous Panel conclusion raised by Canada -- viz. "[T]he Panel concludes that the Decree, insofar as it introduces a treatment of [the products found to be alike] that is discriminatory under Article III:4 [of the GATT 1994], is justified as such and in its implementation by the provisions of paragraph (b) and the introductory clause of Article XX of the GATT 1994". 6. More specifically, if granted leave, the Applicant intends to provide a detailed treatment of: · whether the Panel erred as a matter of law in its application of paragraph XX(b) of GATT 1994; and if so, · whether, as respectfully requested by the Government of Canada, the Appellate Body must "reverse the findings and conclusions of the Panel concerning the provisions of the GATT 1994 referred to above [in paragraph 5 of this Application] and to modify accordingly the recommendations of the Panel". 7. In the interests of achieving a satisfactory settlement of the instant appeal, it is desirable for the Appellate Body to grant the Applicant leave to appeal because the Applicant has considerable expertise in the application and interpretation of Article XX, including paragraph (b), of the GATT 1994. 8. Moreover, it is desirable to grant the Application for Leave because the Applicant is a non-partisan, academic institution and will provide a dispassionate and objective treatment of the issues. Further, the Applicant represents a region of the world likely to be significantly under-represented by civil society actors in the participation of this unique opportunity to provide written briefs to the Appellate Body. Finally, the Applicant, as an Australian institution, will bring a perspective to the dispute which will build on the recent contribution by Australia to WTO informal consultations on external transparency. 9. The Applicant has no relationship, direct or indirect, with any party or any third party to this dispute. The Applicant has not and will not receive any assistance, financial or otherwise, from a party or a third party to this dispute in the preparation of its Application for Leave or its written brief. 10. For the forgoing reasons, the Applicant respectfully requests that its Application for Leave to File a Written Amicus Curiae Brief in this appeal be granted. Dated: 16 November 2000 By: Donald K Anton Director, Australian Centre for Environmental Law - ANU The Australian National University Faculty of Law Canberra, Australian Capital Territory 0200 AUSTRALIA Tel: +61 2 6249 3516 Fax: +61 2 6249 4899 Email: antond@law.anu.edu.au Barrister and Solicitor of the Supreme Courts of New South Wales and Victoria Barrister and Solicitor of the High Court of Australia Member of the Bars of the State of Missouri and the State of Idaho

Fecha del Recurso: 
2000
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