Transparency and Amicus Curiae Briefs

What do we mean by am;CU5 curiae? In the literai sense, we mcan "frieods of the court". It is an institution weIl known to many of Vou because it is known in many domcstic legal systems-the Roman system in andent rimes but also in the common-law system-and nQW more and more in continental legal systems 5uch as the French one the QmiCHS mriae matter is arising. What is al50 interesting is chat it is an issue which is also important for intenIational courts and tribunals. When 1 use the tenn international courts and tribunals, it is in a generic sense, and 1 am oot going to enter into the debare about whethcr or not the World Trade Organization's AppeUare Body is a court. [ consider ie as a court for the sake of this presentation. Speaking ofthese numerous international courts and tribunals, it should be emphasizcd that sorne of them, such as the European Court of Human Rights or the Inter-American Court of Human Rights, have statutory provisions allowing for the submjssions of amicus atriae briefS. Others do not have such statutory provisions, a good exarnple being the International Court of Justice, wruch has been very reluctant so far to admit any amicu