A green public sphere in the WTO?: The Amicus curiae interventions in the transatlantic biotech dispute

Abstract

The WTO's decision-making model of executive multilateralism has been widely criticized for its lack of accountability to civil society. However, through the mechanism of the amicus curiae brief, nongovernment organizations and other civil society actors have found a way of directly `inserting' the public interest concerns of civil society into the dispute resolution arm of the WTO, which has proved to be more amenable to `critical public reason' than the trade negotiation arm. This article critically explores both the text and context of the amicus briefs submitted in the transatlantic biotech dispute and highlights their role in generating a green cosmopolitan public sphere that seeks more reflexive modernization and facilitates horizontal forms of regime accountability. Cosmopolitan public spheres are conceptualized as specialized, intermediary structures, with multiple strategic and communicative functions, that mediate between supra-national governance structures and regional and domestic civil societies.