AMICUS CURIAE IN INTERNATIONAL LAW: HISTORY AND THE PRESENT

Abstract

The article is devoted to the origin and the history of the development of amicus curiae as well as its role in international public law and international private law at the present time. Being used in times of Roman law, the institution was continued in Anglo-American legal systems and is used internationally to date. Many cases in international courts, international commercial and investment arbitration tribunals are not examined without amicus curiae. Nevertheless, there are certain issues to be resolved. Using example of the specific case from the field of international civil procedure, the author analyzes the problem of participation of the foreign state as amicus curiae.