Formation of the Institute of Amicus Curiae in International and National Law: Current Tendencies and Prospects for its Development in the Era of Artificial Intelligence
Abstract
Abstract. The relevance of the research on the formation of the institute of amicus curiae in international and national law, in particular, the impact of the rise of artificial intelligence on the formation of this institute in international and national law can hardly be overestimated, since it is due to the growing interest in amicus curiae briefs, the spread of artificial intelligence and its availability, which leads to the tendency of using this tool by an increasing number of lawyers from numerous countries of the world. The author touches upon the prerequisites for the emergence of the institute of amicus curiae, its early forms and each stage of its formation. The author analyses numerous cases, including Gaius Verres case, Darnel’s case, Calas Case, Marbury v. Madison case, Soering v United Kingdom case and many others, which have become important milestones in the development of the institute of amicus curiae. The author also outlines current tendencies in the use of amicus curiae briefs by courts, as well as the possibility of using artificial intelligence to generate amici curiae. The purpose of the research is to cover and analyse the formation of the institute of amicus curiae from its first forms to modern use. The material presented herein is of a certain scientific novelty, since the topic of the historical development of the institute of amicus curiae from its first forms to the analysis of the possibility of using artificial intelligence to generate such opinions is rarely studied, despite its exceptional relevance. The practical significance of the study lies in the fact that the author has proposed a new vision of the development of amicus curiae through the lens of its formation.
Keywords: amicus curiae; human rights; European Court of Human Rights; international law; justice; artificial intelligence.
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