Professor Andrew D Mitchell
PhD (Cantab), LLM (Harv), Grad Dip Intl L, LLB (Hons), BCom (Hons) (Melb)
Melbourne Law School
The University of Melbourne
Victoria 3010, Australia
+61 3 83441098
[email protected]
Andrew is Professor at Melbourne Law School, Australian Research Council Future Fellow, Director of the
Global Economic Law Network, a member of the Indicative List of Panelists to hear WTO disputes, and a
member of the Energy Charter Roster of Panelists. He has previously practised law with Allens Arthur
Robinson (now Allens Linklaters) and consults for States, international organisations and the private sector.
Andrew has taught law in Australia, Canada, Singapore, and the US and is the recipient of four major grants
from the Australian Research Council and the Australian National Preventive Health Agency. He has
published over 130 academic books and journal articles and is a Series Editor of the Oxford University Press
International Economic Law Series, an Editorial Board Member of the Journal of International Economic
Law and a General Editor of the Journal of International Dispute Settlement. He has law degrees from
Melbourne, Harvard and Cambridge and is a Barrister and Solicitor of the Supreme Court of Victoria.
CONTENTS
Education .........................................................................................................................................................1
Employment .....................................................................................................................................................2
Consultancies ...................................................................................................................................................4
Research Grants ...............................................................................................................................................6
Engagement awards .........................................................................................................................................7
Teaching Awards .............................................................................................................................................7
Editorial Positions ............................................................................................................................................7
Other Positions .................................................................................................................................................8
Publications ......................................................................................................................................................9
Conference Presentations ...............................................................................................................................17
PhD Students ..................................................................................................................................................22
EDUCATION
The University of Cambridge, UK
Doctor of Philosophy (PhD) in Law
• Graduated: 22 July 2006.
o Thesis topic: ‘The Role of Principles in WTO Dispute Settlement’.
• Scholarships and Awards: WM Tapp Scholar, Gonville & Caius College; Honorary Cambridge
Commonwealth Trust Scholar.
Hague Academy of International Law, The Netherlands
Certificate, Course in Public International Law
• Awarded: 12 August 2006.
Harvard Law School, USA
Master of Laws (LLM)
• Graduated: 7 June 2001.
• Scholarships and Awards: Foundation for Young Australians Scholarship.
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ANDREW D MITCHELL
University of Melbourne, Australia
Graduate Diploma in International Law
• Graduated: 9 August 2006 (completed requirements in 2000).
• Awards: First Class Honours in all subjects.
Bachelor of Laws (LLB)(Hons)
• Graduated: 21 March 1998, with First Class Honours ranked 5th out of a class of 220.
• Moot Court: (runner-up 1994, 1996).
• Awards: include Bowen Prize for Jurisprudence Essay, Price Waterhouse Prize in Torts and the Process
of Law, Butterworths Book Prize in Torts and the Process of Law.
Bachelor of Commerce (BCom)(Hons)
• Graduated: 21 March 1998, with First Class Honours 2nd out of a class of 13.
• Awards: include: J. E. Isaac Prize in Industrial Relations, Sir Alfred Kemsley Scholarship in Marketing.
EMPLOYMENT
Professor,
Melbourne Law School
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Professor: January 2012 –
Associate Professor: January 2009 – December 2011.
Senior Lecturer: January 2006 – December 2008.
Senior Fellow: July 2002 – December 2005.
Teaching Awards:
○ Citation for Outstanding Contribution to Student Learning from the
Australian Learning and Teaching Council for ‘exceptional curriculum
design and inspiration of students in the field of international law’ (with
Bruce Oswald & Tania Voon, 2011).
○ LexisNexis Australasian Law Teachers Award for Excellence and
Innovation in the Teaching of Law (with Bruce Oswald & Tania Voon,
2011).
• Administration:
○ Chair, Review of the Centre for Corporate Law and Securities
Regulation (2015).
○ Director, Global Economic Law Network (2013 –).
○ Melbourne School of Government, Director Research - Governing
Markets Theme (2013 – 2016).
○ JD Course Director (2010 – 2013).
○ Director, Global Trade Program, Institute for International Law and the
Humanities (2009 – 2014).
• Masters Teaching:
○ Global Financial Order: IMF and World Bank (2012, 2010, 2008, 2007)
○ International Commercial Arbitration: Workshop (2010)
○ International Economic Law (2012, 2011, 2010, 2009)
○ International Trade Remedies in the WTO (2006, 2004)
○ WTO Dispute Resolution and Case Law (2005)
○ WTO Dispute Settlement (2008, 2007)
○ WTO Law and Dispute Settlement (2009)
• JD/LLB Teaching:
○ Administrative Law (2008, 2007, 2006)
○ Global Lawyer (2016, 2015, 2014, 2013, 2012, 2011)
○ International Law (2010)
○ Institutions in International Law (2016, 2015, 2014, 2013, 2012, 2011,
2010, 2009, 2008, 2007)
○ Jessup Moot Court (2012, 2009)
○ Obligations (2006)
○ WTO: Dumping, Subsidies and Safeguards (2007)
○ WTO: Moot Court Competition (2011, 2010, 2009, 2008, 2007)
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ANDREW D MITCHELL
Visiting Professor,
Faculty of Law, National
University of Singapore
• January 2017.
• Teaching ‘International Economic Law’ in the LLB & LLM.
Visiting Fellow, Clare
Hall and Lauterpacht
Centre for International
Law
• August 2016–January 2017.
Visiting Professor,
Faculty of Law,
University of British
Columbia
Visiting Professor,
PluriCourts, University of
Oslo
• January 2016.
• Teaching ‘International Economic Law’ in the JD and LLM.
• August 2015-October 2015.
Senior Emile Noël Fellow,
• September 2014–January 2015.
NYU School of Law
Visiting Associate
Professor, Australian
National University
• June 2010.
• Taught ‘International Law of World Trade’ in the LLM.
Visiting Professor,
Georgetown University
Law Center, Washington
DC
• July 2009 – January 2010.
• Taught:
o ‘WTO: Dumping, Subsidies and Safeguards’ (JD Programme)
o ‘Dumping and Antidumping Measures’ and ‘WTO Jurisprudential Issues’
(2009 Academy of WTO Law & Policy)
Visiting Professor,
Faculty of Law,
Bond University
• September 2006.
• Taught ‘WTO the Legal Framework’.
Visiting Professor,
Faculty of Law,
Monash University
• March – May 2006.
• Taught ‘World Trade Organization (WTO) Law’.
Visiting Professor,
Faculty of Law,
University of Western
Ontario
• January 2006.
• Taught ‘Law of the World Trade Organization’ in the January Term.
• Voted Adjunct Professor of the Year (with Tania Voon).
Consultant
International Monetary
Fund, Geneva
• October 2003 – December 2005.
• Worked in the Trade Policy Division reporting on UN, WTO and related
agencies’ meetings and conducting research for the IMF’s offices in Europe.
Economist
International Monetary
Fund, Washington, DC.
• July – October 2003.
• Worked in the Legal Department primarily on technical assistance projects
and WTO subsidy issues.
Intern, World Trade
Organization (WTO),
Geneva
• April – June 2003.
• Worked in the Intellectual Property Division on technical assistance projects,
minutes and geographical indications issues.
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ANDREW D MITCHELL
Consultant, Organisation
for Economic Cooperation and
Development (OECD),
Paris
• June 2002 – January 2003
• Worked in the Trade Policy Linkages Division, Trade Directorate, assisting
the Joint Group on Trade and Competition.
Summer Associate,
Davis, Polk & Wardwell,
New York
• June – August 2001.
• Worked on Mergers & Acquisitions, Securities, Employee Benefits and
Antitrust.
Solicitor,
Allens Arthur Robinson
• March 1998 – July 2000.
• Admitted to practise as a Barrister and Solicitor of the Supreme Court
of Victoria on 7 April 1999.
• Worked in the Commercial Department (March 1999 – July 2000) and the
Commercial Litigation Department (March 1998 – March 1999).
CONSULTANCIES
Austraining
• Course Director – Developed four week AusAID funded training programme
for Iraqi Government Officials on WTO Accession – Melbourne, Sydney and
Canberra, February 2012.
• Course Director – Led four week AusAID funded training programme for
Iraqi Government Officials on WTO Accession – Melbourne, Sydney and
Canberra, November 2010.
Canadian International
Development Agency
• Legal Reform Assistance Project (LERAP-CIDA): Individualized WTO
Advanced Legal Research & Training Program, Melbourne – May 2008.
• Legal Reform Assistance Project (LERAP-CIDA): WTO Dispute Settlement:
Research & Case Preparation, Ha Long City, Viet Nam – March 2008
Department of Foreign
Affairs and Trade
• Advisor on International Trade and Investment Law 2012 –
• Training Course - Teaching government officials from the Department of
Foreign Affairs and Trade, the Attorney-General’s Department, and the
Department of Agriculture, Fisheries and Forestry about WTO law on trade
in goods, WTO dispute settlement, WTO rules on subsidies, WTO rules on
agriculture, and WTO rules on trade-related aspects of intellectual property
rights. Canberra, 27–28 February 2012.
• Training Course - Teaching government officials from the Department of
Foreign Affairs and Trade, the Attorney-General’s Department, and the
Department of Agriculture, Fisheries and Forestry about WTO law on trade
in goods, WTO dispute settlement, WTO rules on subsidies, WTO rules on
agriculture, and WTO rules on trade-related aspects of intellectual property
rights. Canberra, 30–31 March 2010.
• Training Course - Teaching government officials from the Department of
Foreign Affairs and Trade, the Attorney-General’s Department, and the
Department of Agriculture, Fisheries and Forestry about WTO law, including
dispute settlement and trade remedies. Canberra, 12–14 February 2007.
Department of Health and
Ageing
• Advisor on International Trade and Investment Law 2012 –
• Member of the Expert Advisory Group for Plain Packaging of Tobacco
Products, 2010–present.
Department of Premier
and Cabinet, Victoria
• International and National Law Advice – 2015.
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ANDREW D MITCHELL
International
Development Law
Organization
• Public International Trade Law Course – ‘Trade and Sustainable
Development’, Sydney, 12–30 November 2006.
ITS Global
• The Consistency of the European Union Timber Regulation with the WTO
Agreement – 2013 (with Elizabeth Sheargold)
• The WTO-Consistency of the European Union’s Renewable Energy Directive
– 2011 (with Glyn Ayres)
• Opinion on the consistency of the EU Renewable Energy Directive with
WTO Obligations – 2009 (with Christopher Tran)
National Commission for
Academic Accreditation
& Assessment
• Program Reviewer - AEC-Arab East College, Riyadh, Saudi Arabia, April
2017 (forthcoming).
• Program Reviewer – Prince Sultan Bin Abdul-Aziz University’s Law
Program, Riyadh, Saudi Arabia, March 2016.
Sultanate of Oman
• International Law Advice - 2015.
Telstra Corporation
• International Roaming Agreements under WTO Law – 2011–2013.
• International Trade Law Implications of the National Broadband Network:
Research Collaboration Project supported by Telstra and the University of
Melbourne – 2010
• Open for Business? China’s Telecommunications Market and the WTO: Joint
Research Project funded by Telstra, the University of Melbourne, and
Melbourne Law School – 2009
• Achieving a Common Market in Telecommunications Services in Australia
and New Zealand – 2007
UNCTAD
• Negotiating International Investment Agreements and their Sustainable
Development Dimension, UNCTAD/OCTAPIC Workshop for Pacific
Islands Forum Countries, Auckland, 25 November 2013.
• Expert report on ‘International Investment Law and the WHO Framework
Convention on Tobacco Control’ for the United Nations Conference on Trade
and Development and the Convention Secretariat of the WHO Framework
Convention on Tobacco Control (2013).
World Growth
• Opinion on the Consistency of Measures Lowering Tariffs on RSPO Certified
Palm Oil with the WTO Agreements – 2011 (with Elizabeth Sheargold)
• Opinion on the consistency of the Food Standards Amendment (Truth in
Labelling – Palm Oil) Bill 2009 with the WTO Agreements – 2010 (with
Elizabeth Sheargold)
World Health
Organization
• Expert, Inter-sectoral Workshop on Tobacco and Food Labelling and Trade,
PAHO/WHO, Quito, Ecuador, June 2015.
• Expert, Inter-sectoral Workshop on Tobacco and Trade, PAHO/WHO,
Managua, Nicaragua, June 2015.
• Expert, Inter-sectoral Workshop on Tobacco and Trade, PAHO/WHO, San
Jose, Costa Rica, June 2015.
• Expert, Interagency Workshop on Tobacco and Trade, WHO, Beijing, China,
November 2014.
• Expert, Interagency Workshop on Tobacco and Trade, WHO/AMRO, PAHO,
Lima Peru, April 2014.
• Expert, Inter-institutional Meeting on Tobacco and Trade, Santiago
WHO/AMRO,PAHO, Chile December 2013.
• Expert, Intercountry Consultation on Tobacco and Trade WHO/EURO –
Madrid, Spain, June 2013
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ANDREW D MITCHELL
• Expert, Intercountry Consultation on Tobacco and Trade WHO/AMRO,
PAHO – Santa Cruz, Bolivia, April 2013
• Expert, Intercountry Consultation on Tobacco and Trade WHO/EMRO –
Cairo, March 2013
• Expert, Intercountry Consultation on Tobacco and Trade WHO/AFRO –
Windhoek, February 2013
• Expert, Intercountry Consultation on Tobacco and Trade WHO/SEARO –
New Delhi, October 2012
• Expert, Intercountry Consultation on Tobacco and Trade WHO/WPRO –
Manila, July 2012
• Expert, Workshop on Trade-Related Issues Relevant to the Implementation
of the WHO Framework Convention on Tobacco Control – Geneva, March
2012
• Expert Reviewer: Confronting the Tobacco Epidemic in a New Era of Trade
and Investment Liberalization (2011).
• Advisor to the Secretariat: Fourth Session of the Intergovernmental
Negotiating Body on a protocol on illicit trade in Tobacco Products – Geneva,
March 2010
• Advisor to the Secretariat: Third Session of the Intergovernmental
Negotiating Body on a protocol on illicit trade in Tobacco Products – Geneva,
July 2009
• Expert report on the legal implications of eliminating or restricting the duty
free sale of tobacco products – 2009
• Advisor to the Secretariat: First Session of the Intergovernmental Negotiating
Body on a protocol on illicit trade in Tobacco Products – Geneva, February
2008
• Background Paper on Agreements Concerning Illicit Trade in Tobacco
Products – 2007
World Trade
Organization
• Expert Reviewer: World Trade Report - Looking beyond International Cooperation on Tariffs (2012).
• Expert Reviewer: World Trade Report - The WTO and preferential trade
agreements: from co-existence to coherence (2011)
RESEARCH GRANTS
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Australian Research Council, Future Fellowship 2014–2018, ‘International Trade Law and International
Investment Law: Recognising Complexity, Developing Coherence’ ($912,612).
Australian Research Council, Discovery Project 2013–2015, ‘Revisiting Australia’s Preferential Trade
Agreements and Bilateral Investment Treaties to Safeguard Regulatory Autonomy’($320,000) (with
Tania Voon).
Australian National Preventive Health Agency, Preventive Health Research Grant 2012–2015, ‘A
Collaborative Model for Combating Non-Communicable Diseases (NCDs): Coherence Between
Regulation on Risk Factors and International Law’ ($389,640) (with Tania Voon and Cancer Council
Victoria).
Australian Research Council Linkage Project with Cancer Council Victoria, ‘A Collaborative Approach
to Designing Regulatory Measures on Tobacco, Alcohol & Unhealthy Diet: Public Health, International
Trade & Investment Law’ ($120,000) (2013–2016) (with Tania Voon).
Coordinating Investigator, Melbourne School of Government Cluster Grant, ‘Financial Regulation in
Asia – A New Model for Regional Co-operation’ ($213,917) (2014–2016) (with Kevin Davis, Andrew
Godwin, Jikon Lai, Ian Ramsay and Andrew Walter).
National University of Singapore – Melbourne Law School Research Partnership, ‘Good Faith and its
Interplay with International Investment Law’ (2013–2014) (with Tania Voon and M Sornarajah).
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ANDREW D MITCHELL
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University of Melbourne Dyason Fellowship for collaboration with Vanderbilt University, ‘Combining
Local Expertise in International Trade and Investment Law with Off-Shore Expertise in Health and
Medical Law’ (2012–2013).
Melbourne Research Grant from the University of Melbourne and Melbourne Law School: The TransPacific Partnership Agreement: A Pivotal Point for Australia’s Role in International Trade and
Investment (2012).
Research Collaboration Project supported by the Cancer Council Victoria and the University of
Melbourne: Australia’s Plain Cigarette Packaging Scheme: Addressing Potential Legal Challenges
(2011–2012).
Melbourne Law School Research Grant (Seed Fund), Someone to Watch Over Me: The Use of FOI
Requests by Tobacco Companies, collaborative project with the Cancer Council Victoria (2011).
Sustainable Research Excellence Grant from Melbourne Law School: Legal Issues Relating to
Australia’s Proposed Plain Packaging of Cigarettes (2010–2011).
Research Collaboration Project supported by Telstra and the University of Melbourne: International
Trade Law Implications of the National Broadband Network (2010–2011).
Vice Chancellor’s Staff Engagement Project Grant supported by Cancer Council Victoria/University of
Melbourne: Clearing the Air: The Myth of Trade and Investment Law Barriers to Tobacco Control
(2011).
Joint Research Project funded by Telstra, the University of Melbourne, and Melbourne Law School: Open
for Business? China’s Telecommunications Market and the WTO (2009).
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ENGAGEMENT AWARDS
•
Melbourne University Engagement Excellence Award ($10,000) (with Tania Voon, 2015).
TEACHING AWARDS
•
•
Study Overseas Short-term Mobility Program grant from the Department of Education, Employment
and Workplace Relations ($64,000) (with Tania Voon and Bruce Oswald, 2012).
o
Citation for Outstanding Contribution to Student Learning from the Australian Learning and
Teaching
Council for ‘exceptional curriculum design and inspiration of students in the field of international law’
(with Tania Voon and Bruce Oswald, 2011).
LexisNexis Australasian Law Teachers Award for Excellence and Innovation in the Teaching of Law
(with Tania Voon and Bruce Oswald, 2011).
•
EDITORIAL POSITIONS
Oxford University Press International Economic Law Series
• Series Editor (2013–).
Journal of International Economic Law
• Member of the Editorial Board (2009–).
Journal of International Dispute Settlement
• General Editor on the Executive Board (2012–).
• Associate Editor on the Executive Board (2007–2012).
Melbourne Journal of International Law
• Faculty Advisor (2008–).
• Advisory Board (2007–).
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ANDREW D MITCHELL
International Journal of Contemporary Laws
• Editorial Board (2011–).
International Legal Materials (ILM), American Society of International Law
• Corresponding Editor (2007–2013).
Harvard International Law Journal
• Article Consultant (2001).
Melbourne University Law Review
• Editor (1997); Production Editor and Information Technology Manager (1996); Legal Technology
Manager (1995); General Member (1994).
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National Law Review
• Editorial Board (1998–2001).
Legal Education Review
• Editorial Assistant (1996–1997).
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University of British Columbia Law Review
• Business Manager (1995).
OTHER POSITIONS
Member
Asia WTO Research Network (AWRN)
• October 2013 – Present.
Member of the Energy Charter Roster of Panelists
Nominee of the Secretary General of the Energy Charter Secretariat
• November 2012 – Present.
WTO Indicative List Panelist
Australian government nominee as a non-governmental panelist for the WTO
• November 2007 – Present.
• Dispute Settlement Body, ‘Nominations for the Indicative List of Governmental and NonGovernmental Panelists’ WTO Doc WT/DSB/W/363 (9 November 2007). Approved 27 November
2007.
Alternate Member
International Law Association (ILA) International Committee on International Trade Law
• October 2011 – 2014.
Member
Review Panel, Alcohol Advertising Review Board
• March 2012 – Present.
Expert Reviewer
Union for International Cancer Control (UICC), Fellowships Review Panel
• May 2012 – Present.
Visiting Researcher
Austrade (Australian Trade Commission), Switzerland
• November 2011.
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ANDREW D MITCHELL
Fellow
Institute of International Economic Law, Georgetown, Washington, DC, USA
• July 2009 – January 2010.
International Arbitration Scholar-in-Residence
Wilmer Cutler Pickering Hale and Dorr LLP, London, UK
• June–August 2008.
Visiting Fellow
Department of Law, London School of Economics, London, UK
• June–August 2008.
Visiting Research Fellow
British Institute of International and Comparative Law, UK
• October 2007.
Visiting Fellow
Lauterpacht Research Centre for International Law, University of Cambridge, UK
• July 2006.
• See: <http://lcil.law.cam.ac.uk/index.php>.
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Senior Fellow
Tim Fischer Centre for Global Trade & Finance, Bond University, Australia
• Nov 2011 – July 2014. (2004 – Oct 2011 (Fellow)).
• See: <http://www.bond.edu.au/study-areas/law/centres/fischer/fischer_members.html>.
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Fellow
Institute of International Economic Law, Georgetown, Washington, DC, USA
• July – October 2003.
• See: <http://www.law.georgetown.edu/iiel/fellows/fellowsalumni.html>.
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Captain
Australian Army Legal Corps. Standby Reserve
• Australian Defence Medal.
• Active Reserve 2006–2013.
• Commissioned 21 June 2000. Service No 3814612.
PUBLICATIONS
Books
In progress
1.
Regulatory Autonomy in International Economic Law: The Evolution of Australian Policy on Trade
and Investment (Edward Elgar, forthcoming 2017) (with Elizabeth Sheargold and Tania Voon).
Published
2.
Non-Discrimination and the Role of Regulatory Purpose in Trade and Investment Law (Edward Elgar,
2016) i-vii, 1-181 (with David Heaton and Caroline Henckels).
3.
Editor, Good Faith and International Economic Law (Oxford University Press, 2015) (with M
Sornarajah and Tania Voon) i–xxviii, 1–191.
4.
Editor, The Global Tobacco Epidemic and the Law (Edward Elgar, UK, 2014) (ISBN 9781783471515)
(with Tania Voon) i–xvi, 1–378.
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Reviewed by: Valentina Vadi (2015) 16(2) Melbourne Journal of International Law 648.
Editor, Regulating Tobacco, Alcohol and Unhealthy Foods: The Legal Issues (Routledge, UK, 2014)
(ISBN 9780415722346) (with Tania Voon and Jonathan Liberman) i–xvi, 1–378.
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Editor, The Challenges of Trade Law, Volume 4 of the Ashgate Reference Series on International Trade
Law and Policy, Series Editor Lorand Bartels (Ashgate, UK, 2013) (with Tania Voon and Glyn Ayres)
i–xxiv, 1–522 (ISBN 978-1-4094-4140-3) http://www.ashgate.com/isbn/9781409441403.
‘Special Issue: Legal Issues in Tobacco Control’ (2012) 9(5) Transnational Dispute Management (with
Tania Voon).
Editor, Public Health and Plain Packaging of Cigarettes: Legal Issues (Edward Elgar, UK, 2012) (with
Tania Voon, Jonathan Liberman, and Glyn Ayres) i–xvii, 1–258 (ISBN 9780857939425).
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Reviewed by Daniel Lovric in (2010) March Law Institute Journal 67.
Legal Principles in WTO Disputes (Cambridge: Cambridge University Press, 2008) i–lii, 1–308 (ISBN
9780521873260).
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Reviewed by Marion Panizzon in (2011) 105 American Journal of International Law 181–185; Lisa
Hemingway in (2010) 13 Journal of International Economic Law 515–517; Dean Tingey in (2010) 13
International Trade and Business Law Review 306–307.
Editor, Challenges and Prospects for the WTO (London: Cameron May, 2005) i–xxiv, 1–304 (ISBN
1905017049).
Legal Research Manual (Sydney: LBC Information Services (a part of Thomson Legal & Regulatory
Group Asia Pacific Limited), 2000) 1–156 (with Tania Voon) (ISBN 0455216959).
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Reviewed by: Michael Blakeney, (2013) 1 European Intellectual Property Review 61; Phillip Taylor MBE
and Elizabeth Taylor (2012) The Barrister Magazine (UK); Dominik Schnichels and Marcus Klamert
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(2013) 24(16) Europäische Zeitschrift für Wirtschaftsrecht 623.
Editor, International Law – In Principle (Sydney: Thomson, 2009) (with Jenny Beard) i–xxvi, 1–385
(ISBN 9780455225692).
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ANDREW D MITCHELL
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Reviewed by: Rachel Butwell (2000) 19 University of Tasmania Law Review 357–359; Jennifer O’Reilly
(2000) 74(9) Law Institute Journal 51.
General Editor, Australian Guide to Legal Citation (Melbourne: Melbourne University Law Review
Association, 1998) (ISBN 0734013485).
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Chapters
In progress
14. ‘Australia and New Zealand’s International Investment Agreements’ in Markus Krajewski and Rhea
Hoffmann (eds), Research Handbook on Foreign Direct Investment (Edward Elgar, 2017) (with Tracey
Epps).
15. ‘The TPP and the AUSFTA’ in David Gantz and Jorge Huerta-Goldman (eds), The Trans-Pacific
Partnership Agreement: Its Substance and Impact on International Trade, NAFTA, and Other FTAs
(Cambridge University Press) (with Tania Voon).
16. ‘The Principle of Necessary Implication’ in Joseph Klingler, Yuri Parkhomenko and Constantinos
Salonidis (eds), Canons of Construction and Other Interpretive Principles in Public International Law
(Wolters Kluwer) (with Tania Voon).
Forthcoming
17. ‘The TPP and Future Trade Agreements: The New Embedded Liberalism Compromise’ in Gillian
Moon and Lisa Toohey (eds), 20 Years of Domestic Policy Under WTO Law: The Embedded Liberalism
Compromise Revisited (Cambridge University Press, forthcoming 2017).
18. ‘Coverage’ in Krista Nadakavukaren Schefer and Thomas Cottier (eds), The Encyclopedia of
International Economic Law (Edward Elgar, forthcoming 2017) (with Jacky Mandelbaum).
19. ‘Community Interests and the Right to Health in Trade and Investment Law’ in Eyal Benvenisti and
Georg Nolte (eds), Community Obligations in Contemporary International Law (forthcoming 2016)
(with Tania Voon).
20. ‘UN Sanctions, Unilateral Sanctions and the WTO’ in Larissa van den Herik (ed), Research Handbook
on UN Sanctions and International Law (Edward Elgar, forthcoming 2016).
Published
21. ‘Australia and International Trade Law’ in Donald Rothwell et al (eds), International Law in Australia
(Thomson Reuters, 3rd ed, 2017) 317–341 (with Tania Voon & Elizabeth Sheargold).
22. ‘Natural Resources and Energy Regulation in Australia: The Energy White Paper in Context’ in Mitsuo
Matsushita and Thomas Schoenbaum (eds), Emerging Issues in Sustainable Development:
International Trade Law and Policy Relating to Natural Resources, Energy and the Environment
(Springer, 2016) 3–25 (with Jessica Casben).
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ANDREW D MITCHELL
‘Tobacco Packaging Measures Under International Investment Law: The Claims against Uruguay and
Australia’ in Alberto Alemanno and Enrico Bonadio (eds), The New Intellectual Property of HealthRelated Goods (Edward Elgar, 2016) 213-232.
‘PTAs and Public International Law’ in Lorand Bartels, Simon Lester and Bryan Mercurio (eds),
Bilateral and Regional Trade Agreements: Commentary and Analysis (Cambridge University Press, 2nd
ed, 2015) 115-141 (with Tania Voon and Elizabeth Sheargold).
‘The National Interest in Trade and Investment Agreements: Protecting the Health of Australians’ in
John Farrar, Mary Hiscock and Vai Io Lo (eds), Australia’s Trade, Investment and Security in the Asian
Century (World Scientific, Singapore, 2015) 65–82 (with Jessica Casben).
‘Good Faith in Parallel Trade and Investment Disputes’ in Andrew Mitchell, M Sornarajah and Tania
Voon (eds), Good Faith and International Economic Law (Oxford University Press, UK, 2015) (with
Tania Voon and James Munro) 60–87.
‘Conclusion’ in Andrew Mitchell, M Sornarajah and Tania Voon (eds), Good Faith and International
Economic Law (Oxford University Press, UK, 2015) (with Tania Voon) 173–179.
‘Intellectual Property Rights in International Investment Agreements: Striving for Coherence in
National and International Law’ in Chin Lim and Bryan Mercurio (eds), International Economic Law
After the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, 2015) 380–
405 (with Tania Voon and James Munro) http://ssrn.com/abstract=2318955.
‘Reasonableness, Impartiality and Objectivity’ in Aik Hoe Lim and Bart De Meester (eds), WTO
Domestic Regulation and Services Trade: Putting Principles into Practice (Cambridge University
Press, 2014) 65–78 (with Tania Voon) http://ssrn.com/abstract=2665510.
‘Australia’s Plain Packaging of Tobacco Products: Science and Health Measures in International
Economic Law’ in Bryan Mercurio and Kuei-Jung Ni (eds), Science and Technology in International
Economic Law: Balancing Competing Interests (Routledge, 2014) (ISBN 9780415829960) 117–133
(with Andrew Higgins and James Munro).
‘Introduction’ in Andrew Mitchell and Tania Voon (eds), The Global Tobacco Epidemic and the Law
(Edward Elgar, UK, 2014) 1–8 (with Tania Voon).
‘International Trade Law’ in Tania Voon, Andrew Mitchell and Jonathan Liberman (eds), Regulating
Tobacco, Alcohol and Unhealthy Foods: The Legal Issues (Routledge, UK, 2014) 86–109 (with Tania
Voon) http://ssrn.com/abstract=2664933.
‘Legal Issues in State-State Dispute Settlement under the Trans-Pacific Partnership Agreement’ in
Tania Voon (ed), Trade Liberalisation and International Co-operation: A Legal Analysis of the TransPacific Partnership Agreement (Edward Elgar, 2013) 156–178 (with James Munro).
‘Consumer Information, Consumer Preferences and Product Labels under the TBT Agreement’ in
Tracey Epps and Michael J Trebilcock (eds), Research Handbook on the WTO and Technical Barriers
to Trade (Edward Elgar, UK, 2013) 454–484 (with Tania Voon and Catherine Gascoigne)
http://ssrn.com/abstract=2180107.
‘Japanese War Crimes Trials’ in Bruce Oswald & Jim Waddell (eds), Justice in Arms: Military Lawyers
in the Australian Army’s First Hundred Years (Big Sky Publishing, 2013) (ISBN 9781922132505)
(with Peter Cumines) 208–217.
‘Introduction’ in Tania Voon, Andrew Mitchell and Glyn Ayres (eds), The Challenges of Trade Law,
Volume 4 of the Ashgate Reference Series on International Trade Law and Policy, Series Editor Lorand
Bartels (Ashgate, UK, 2013) i–xxiv (with Tania Voon and Glyn Ayres).
‘General and Security Exceptions under the GATT 1994 and the GATS’ in Indira Carr, Shawkat Alam,
and Md Jadid Hassain Bhuiyan (eds), International Trade Law and WTO (Federation Press, 2013) 226–
268 (ISBN 9781862878792) (with Glyn Ayres).
‘China‘s Currency and IMF Issues’ in David Donald (ed), The Renminbi’s Changing Status and the
Chinese and Hong Kong Financial System(s) (Thomson, Sweet and Maxwell, 2012) 37–67 (ISBN 978962-661-452-5) (with Jennifer Hawkins).
‘Implications of International Investment Law for Plain Tobacco Packaging: Lessons from the Hong
Kong–Australia BIT’ in Tania Voon et al (eds), Public Health and Plain Packaging of Cigarettes: Legal
Issues (Edward Elgar, 2012) 137–172 (ISBN 9780857939425) (with Tania Voon)
http://ssrn.com/abstract=2377919.
‘Implications of WTO Law for Plain Packaging of Tobacco Products’ in Tania Voon et al (eds), Public
Health and Plain Packaging of Cigarettes: Legal Issues (Edward Elgar, 2012) 109–136 (ISBN
9780857939425) (with Tania Voon) http://ssrn.com/abstract=1874593.
37T
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ANDREW D MITCHELL
‘Pacific Countries in the WTO: Accession and Accommodation’ in Yong-Shik Lee, Gary Horlick,
Won-Mog Choi and Tomer Broude (eds), Law and Development Perspectives on International Trade
Law (Cambridge University Press, 2011) 179–222 (ISBN 9781107011618) (with Joanne Wallis).
‘The TRIPS Waiver as a Recognition of Public Health Concerns in the WTO’ in Thomas Pogge,
Matthew Rimmer & Kim Rubenstein (eds), Incentives for Global Public Health - Patent Law and
Access to Essential Medicines (Cambridge: Cambridge University Press, 2010) 56–76 (ISBN
9780521116565) (with Tania Voon) http://ssrn.com/abstract=2663976.
‘Ensuring Compliance Between a bilateral PTA and the WTO’ in Sisira Jayasuriya, Donald MacLaren
and Gary Magee (eds), Negotiating a Preferential Trading Agreement: Issues, Constraints and
Practical Options (London: Edward Elgar, 2009) 235–253 (ISBN 978 1 84720 481 3) (with Nicolas
Lockhart).
‘Legal Requirements for FTAs under the WTO’ in Simon Lester and Bryan Mercurio (eds), Bilateral
and Regional Trade Agreements: Commentary and Analysis (Cambridge: Cambridge University Press,
2009) 81–113 (ISBN 978 0 521 87827 2) (with Nicolas Lockhart).
‘PTAs and Public International Law’ in Simon Lester and Bryan Mercurio (eds), Bilateral and Regional
Trade Agreements: Commentary and Analysis (Cambridge: Cambridge University Press, 2009) 114–
139 (ISBN 978 0 521 87827 2) (with Tania Voon) http://ssrn.com/abstract=2663976.
‘Australia-US Free Trade Agreement’ in Simon Lester and Bryan Mercurio (eds), Bilateral and
Regional Trade Agreements: Case Studies (Cambridge: Cambridge University Press, 2009) 6–43 (978
0 521 87828 9) (with Tania Voon) http://ssrn.com/abstract=2663988.
‘TRIPS’ in Daniel Bethlehem, Donald McRae, Rodney Neufeld, and Isabelle Van Damme (eds), Oxford
Handbook on International Trade Law (Oxford: Oxford University Press, 2009) 186–208 (ISBN 978 0
19 923192 8) (by invitation) (with Tania Voon) http://ssrn.com/abstract=2663897.
‘Sources and Methodology of International Law’ in Andrew Mitchell and Jenny Beard (eds),
International Law – In Principle (Sydney: Thomson, 2009) 23–42 (ISBN 9780455225692).
‘The relationship between international and national law’ in Andrew Mitchell and Jenny Beard (eds),
International Law – In Principle (Sydney: Thomson, 2009) 43–59 (ISBN 9780455225692).
‘State Responsibility’ in Andrew Mitchell and Jenny Beard (eds), International Law – In Principle
(Sydney: Thomson, 2009) 141–155 (ISBN 9780455225692).
‘Law of Treaties’ in Andrew Mitchell and Jenny Beard (eds), International Law – In Principle (Sydney:
Thomson, 2009) 157–178 (ISBN 9780455225692).
‘Dispute Resolution by International Tribunals’ in Andrew Mitchell and Jenny Beard (eds),
International Law – In Principle (Sydney: Thomson, 2009) 179–204 (ISBN 9780455225692).
‘The Australia-United States Free Trade Agreement’ in Ross Buckley, Vai Io Lo and Laurence Boulle
(eds), Challenges to Multilateral Trade: The Impact of Bilateral, Preferential and Regional Agreements
(The Hague: Kluwer Law International, 2008) 115–123 (ISBN 978 90 411 2711 2).
‘Fair Crack of the Whip: Examining Procedural Fairness in WTO Disputes Using an Australian
Administrative Law Framework’ in WTO Trade Law Branch, DFAT (eds), Ten Years of WTO Dispute
Settlement: Australian Perspectives (Canberra: DFAT, 2006) 45–69 (ISBN 1 921244 08 9).
o
Republished in A Usha (ed), Administrative Law: Issues and Perspectives (Hyderabad: Icfai
University Press, 2008) 54–85 (ISBN 978 81 314 1802 4).
‘Due Process in WTO Disputes’ in Rufus Yerxa & Bruce Wilson (eds), Key Issues in WTO Dispute
Settlement: The First Ten Years (Cambridge: WTO/Cambridge University Press, 2005) 144–160 (ISBN
0521861594).
‘A Stronger Role for Customary International Law in Domestic Law’ in Hilary Charlesworth et al (eds),
The Fluid State: International Law and National Legal Systems (Sydney: Federation Press, 2005) 110–
135 (with Kristen Walker) (ISBN 1862875685).
‘Regional Trade Agreements Under GATT 1994: An Exception and its Limits’ in Andrew Mitchell
(ed), Challenges and Prospects for the WTO (London: Cameron May, 2005) 217–252 (with Nicolas
Lockhart) (ISBN 1905017049) http://ssrn.com/abstract=747984.
‘Democracy and Power as Foundations of Employee Control’ in Paul Gollan & Glenn Patmore (eds),
Partnership at Work: the Challenge of Employee Democracy (Sydney: Pluto Press, 2003) (ISBN
1864031883).
‘Defence of the Indefensible? Reassessing the Constitutional Validity of Military Service Tribunals in
Australia’ in Eugene Fidell & Dwight Sullivan (eds), Evolving Military Justice: Analysis and
Discussion (Annapolis: Naval Institute Press, 2002) 246–270, 345–352 (with Tania Voon) (ISBN
37T
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37T
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37T
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51.
52.
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1557502927),
modified
version
http://ssrn.com/abstract=2614883.
ANDREW D MITCHELL
of
(1999)
27
Federal
Law
Review
499
Articles
In progress
60. ‘Health Information, Alcohol Labelling and International Economic Law’ (with Paula O’Brien).
61. ‘The Right to Regulate in CETA and the relationship between rules and exceptions’.
62. ‘Applying General Exceptions to International Investment Agreements – Risks and Effectiveness’ (with
James Munro and Tania Voon).
63. ‘Do Vintage BITs Sound Better? China and Australia investment treaties 1988/2015’ (with Simon
Lester).
Under Review
64. ‘Someone Else’s Deal: Interpreting International Investment Agreements in the Light of Third-Party
Agreements’ (with James Munro).
Published
65. ‘Don’t Fence Me In: Reforming Trade and Investment Law to Better Facilitate Cross-Border Data
Transfer’ (2017) 19 Yale Journal of Law and Technology 182–237 (with Jarrod Hepburn).
66. ‘Foreword: The Continuing Relevance of the Trans-Pacific Partnership’ (2016) 17(2) Melbourne
Journal of International Law i–vi (with Tania Voon).
67. ‘Dear Prudence: Allowances under International Trade and Investment Law for Prudential Regulation
in the Financial Services Sector’ (2016) 19 Journal of International Economic Law 787–820 (with
Jennifer Hawkins and Neha Mishra).
68. ‘Trade Law and Alcohol Regulation: What Role for a Global Alcohol Marketing Code?’ (2016) 112
(Suppl. 1) Addiction 109–116 (with Jessica Casben) (first published online 6 December 2016).
69. ‘Coordination in the Asian Financial Markets and the Case of TiSA’ (2016) 13(2) Manchester Journal
of International Economic Law 206–249 (with Ana María Palacio Valencia).
70. ‘The TPP and Good Regulatory Practices: An Opportunity for Regulatory Coherence to Promote
Regulatory Autonomy?’ (2016) 15(4) World Trade Review 587–612 (with Elizabeth Sheargold)
71. ‘Professor John H Jackson: The WTO and Public International Law’ (2016) 19(2) Journal of
International Economic Law 383–385 (with Tania Voon).
72. ‘Denunciation, Termination and Survival: The Interplay of Treaty Law and International Investment
Law’ (2016) 31(2) ICSID Review: Foreign Investment Law Journal 413–433 (with Tania Voon).
73. ‘China-Autos: Haven’t We Danced This Dance Before?’ (2016) 15(2) World Trade Review 303–325
(with Thomas Prusa) http://dx.doi.org.ezp.lib.unimelb.edu.au/10.1017/S1474745615000749.
74. ‘Public Health and the Trans-Pacific Partnership Agreement’ (2015) 5(2) Asian Journal of International
Law (with Tania Voon and Devon Whittle) 279–309 http://ssrn.com/abstract=2393670.
75. ‘The Tobacco Industry’s Strategic Use of Freedom of Information Laws: A Comparative Analysis’
(2016) Oxford University Comparative Law Forum (with Georgina Dimopoulos and Tania Voon)
http://ouclf.iuscomp.org/articles/dimopoulos_mitchell_voon.shtml.
76. ‘Good Governance Obligations in International Economic Law: A Comparative Analysis of Trade and
Investment’ (2015) Journal of World Trade & Investment 7-46 (with Tania Voon and Elizabeth
Sheargold) http://ssrn.com/abstract=2616566.
77. ‘Parting Ways: The Impact of Investor Rights on Mutual Termination of Investment Treaties’ (2014)
29(2) ICSID Review: Foreign Investment Law Journal 451–473 (with Tania Voon and James Munro)
http://papers.ssrn.com/abstract=2365996.
78. ‘Someone to Watch Over Me: The Use of FOI Requests by the Tobacco Industry’ (2014) 22 Australian
Journal of Administrative Law 18–42 (with Tania Voon) http://ssrn.com/abstract=2421046.
79. ‘Protecting the Autonomy of States to Enact Tobacco Control Measures Under Trade and Investment
Agreements’ (2014) Tobacco Control (with Elizabeth Sheargold).
80. ‘Food Miles: Environmental Protection or Veiled Protectionism?’ (2014) 35 Michigan Journal of
International Law 579–636 (with Meredith Lewis).
81. ‘Plain Packaging in Australia: Implications for Trademark Rights under the TRIPS Agreement and the
Paris Convention’ The Intellectual Property Rights Aspects of Australia’s Plain Packaging of Tobacco
Products’ (2014) Andean Yearbook of Intellectual Property Rights 295–303 (with Mariela MaidanaEletti).
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83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
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ANDREW D MITCHELL
‘Vannessa Ventures Ltd v The Bolivarian Republic of Venezuela’ (2014) Journal of World Investment
& Trade 305–313 (with James Munro and Devon Whittle).
‘Legal Responses to Corporate Maneuvering in International Investment Arbitration’ (2014) 5(1)
Journal of International Dispute Settlement 41–68 (with Tania Voon and James Munro)
http://ssrn.com/abstract=2316440.
‘Variations on a Theme: Comparing the Concept of “Necessity” in International Investment Law and
WTO Law’ (2013) 14 Chicago Journal of International Law 93–164 (with Caroline Henkels).
‘Can International Trade and Investment Law Protect Foreign Investments in the Resources Sector?’
[2012] AMPLA Yearbook 266–290 (with James Munro).
‘Introduction to Special Issue: Legal Issues in Tobacco Control’ (2012) 9(5) Transnational Dispute
Management (with Tania Voon).
‘Out of Crooked Timber: The Consistency of Australia’s Illegal Logging Prohibition Bill with
International Trade Rules’ (2012) 29(6) Environmental and Planning Law Journal 462–478 (with Glyn
Ayres).
‘International Trade Law Implications of Australia’s National Broadband Network’ (2011) 35(2)
Melbourne University Law Review 578–620 (with Tania Voon) http://ssrn.com/abstract=1871686.
‘Education in the Field: A Case Study of Experiential Learning in International Law’ (2011) 21(1) Legal
Education Review 69–95 (with Wendy Larcombe, Bruce Oswald and Tania Voon)
http://ssrn.com/abstract=2178773.
‘Plain Packaging of Tobacco Products in Australia: A Novel Regulation Faces Legal Challenge’ (2012)
307(3) Journal of the American Medical Association 261–262 (with David Studdert).
‘Boxed In? Australia’s Plain Tobacco Packaging Initiative and International Investment Law’ (2011)
27(4)
Arbitration
International
623–651
(with
Sebastian
Wurzberger)
http://ssrn.com/abstract=1896125.
‘Oils Ain’t Oils: Product Labelling, Palm Oil & The WTO’ (2011) 12 Melbourne Journal of
International Law 396–418 (with Elizabeth Sheargold).
‘Implications of the World Trade Organization in Combating Non-Communicable Diseases’ (2011) 125
Public
Health
832–839
(with
Tania
Voon)
http://ssrn.com/abstract=1626733;
http://dx.doi.org/10.1016/j.puhe.2011.09.003.
‘Time to Quit? Assessing International Investment Claims Against Plain Tobacco Packaging in
Australia’ (2011) 14(3) Journal of International Economic Law 515–552 (with Tania Voon)
http://ssrn.com/abstract=1906560.
‘Face Off: Assessing WTO Challenges to Australia’s Scheme for Plain Tobacco Packaging’ (2011)
22(3) Public Law Review 218–240 (with Tania Voon) http://ssrn.com/abstract=1995015.
‘Regulating Tobacco Flavors: Implications of WTO Law’ (2011) 29(2) Boston University International
Law Journal 383–425 (with Tania Voon) http://ssrn.com/abstract=1688690.
‘Implications of International Investment Law for Tobacco Flavouring Regulation’ (2011) 12(1)
Journal of World Investment & Trade 65–80 (with Tania Voon) http://ssrn.com/abstract=1702785.
‘David’s Sling: Cross-Agreement Retaliation in International Trade Disputes’ (2011) 45(2) Journal of
World Trade 457–488 (with Constantinos Salonidis).
‘The NBN and the WTO’ (2011) 61(1) Telecommunications Journal of Australia 6.1–6.7 (with Tania
Voon) http://dx.doi.org/10.7790/tja.v61i1.181.
‘Bind Rationale to Need: Operationalizing Special & Differential Treatment in the WTO’ (2010) 103
American Society of International Law Proceedings 429–432.
‘Australia’s Move to the Plain Packaging of Cigarettes and its WTO Compatibility’ (2010) 5(2) Asian
Journal of WTO and International Health Law and Policy 405–426 http://ssrn.com/abstract=1667746.
‘In Search of Coherence Between Trade and Health: Inter-Institutional Opportunities’ (2010) 25
Maryland Journal of International Law 143–186 (with Jonathan Liberman).
‘The Consistency of the EU Renewable Energy Directive with World Trade Organization Agreements:
The Case of Biofuels’ (2010) 1 Renewable Energy Law and Policy Review 33–44 (with Christopher
Tran).
‘Open for Business? China’s Telecommunications Market and the WTO’ (2010) 13(2) Journal of
International Economic Law 321–378 (with Tania Voon) http://ssrn.com/abstract=1556807.
‘The Inherent Jurisdiction of WTO Tribunals: The Select Application of Public International Law
Required by the Judicial Function’ (2010) 31 Michigan Journal of International Law 561–621 (with
David Heaton).
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ANDREW D MITCHELL
106. ‘Too Close for Comfort: Lane v Morrison and its effect on Australian Military Justice’ (2010) 21(5)
Public Law Review 9–13.
107. ‘Pacific Pause: The Rhetoric of Special & Differential Treatment, the Reality of WTO Accession’
(2009) 27(4) Wisconsin International Law Journal 663–706 (with Joanne Wallis).
108. ‘Global Administrative Law: Can it Bring Global Governance to Account?’ (2009) 37 Federal Law
Review 237–261 (with John Farnik).
109. ‘Global Governance: The WTO’s Contribution’ (2009) 46(3) Alberta Law Review 1061–1080 (with
Elizabeth Sheargold).
110. ‘Operationalizing Special and Differential Treatment in the WTO: Game Over?’ (2009) 15(3) Global
Governance 343–357 (with Tania Voon).
111. ‘Patents and Public Health in the WTO, FTAs and Beyond: Tension and Conflict in International Law’
(2009) 43(3) Journal of World Trade 571–601 (with Tania Voon).
112. ‘Achieving a Common Market for Telecommunications Services in Australia and New Zealand’ (2007)
26 Australian Year Book of International Law 149–197 (with Tania Voon)
http://ssrn.com/abstract=1083002.
113. ‘The Legal Basis for Using Principles in WTO Disputes’ (2007) 10(4) Journal of International
Economic Law 795–835.
114. ‘Proportionality and Remedies in WTO Disputes’ (2006) 17(5) European Journal of International Law
985–1008.
115. ‘Good Faith in WTO Dispute Settlement’ (2006) 7(2) Melbourne Journal of International Law 339–
371.
116. ‘A Legal Principle of Special & Differential Treatment for WTO Disputes?’ (2006) 5(3) World Trade
Review 445–470 http://ssrn.com/abstract=906963.
117. ‘Justice at the Sharp End: Improving Australia’s Military Service Tribunals’ (2005) 28(2) University of
New South Wales Law Journal 396–425 (with Tania Voon) http://ssrn.com/abstract=906968 – cited in
White v Director of Military Prosecutions (2007) 235 ALR 455 (19 June 2007).
118. ‘United States–Section 211 Omnibus Appropriations Act of 1998’ (2003) 7(2) International Trade Law
Reports 7.
119. ‘Contractual Dispute Resolution in International Trade: The UNCITRAL Arbitration Rules (1976) and
the UNCITRAL Conciliation Rules (1980)’ (2002) 3 Melbourne Journal of International Law 184–199
(with Gavan Griffith QC) http://ssrn.com/abstract=969256.
120. ‘Towards Compatibility: The Future of Electronic Commerce Within the Global Trading System’
(2001) 4 Journal of International Economic Law 663–723.
121. ‘Broadening the Vision of Trade Liberalisation: International Competition Law and the WTO’ (2001)
24 World Competition: Law and Economics Review 343–365.
122. ‘Does one Illegality Merit Another? The Law of Belligerent Reprisals in International Law’ (2001) 170
Military Law Review 155–177.
123. ‘Failing to Halt, Prevent or Punish — The Criminal Liability of Superiors for War Crimes Committed
by Their Subordinates’ (2000) 22 Sydney Law Review 381–410.
124. ‘Genocide, Human Rights Implementation and the Relationship between International and Domestic
Law: Nulyarimma v Thompson’ (2000) 24 Melbourne University Law Review 15–49.
125. ‘Leave your Hat On? Head of State Immunity and Pinochet’ (1999) 25(2) Monash University Law
Review 225–256.
126. ‘Defence of the Indefensible? Reassessing the Constitutional Validity of Military Service Tribunals in
Australia’ (1999) 27 Federal Law Review 499–526 (with Tania Voon).
o
Cited in White v Director of Military Prosecutions (2007) 235 ALR 455 (19 June 2007), [2007]
HCA 29 and Re Colonel Aird; Ex parte Alpert (2004) 220 CLR 308 (9 September 2004).
127. ‘Chinese Walls in Brunei: Prince Jefri Bolkiah v KPMG’ (1999) 22 University of New South Wales
Law Review 243–255.
128. ‘The United States Extraterritorial War on Drugs’ (1998) 2 Southern Cross University Law Review 36–
75.
129. ‘Professors, Footnotes and the Internet: A Critical Examination of Australian Law Reviews’ (1998) 9
Legal Education Review 1–29 (with Tania Voon).
130. ‘Whose Side Are You On Anyway? Former-Client Conflicts of Interest’ (1998) 26(6) Australian
Business Law Review 418. Cited in Newman v Phillips Fox (A Firm) (1999) 21 WAR 309.
131. ‘Industrial Democracy: Reconciling Theories of the Firm and State’ (1998) 14 International Journal of
Comparative Labour Law and Industrial Relations 3.
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ANDREW D MITCHELL
132. ‘The Jurisdictional Basis of Trade Secret Actions: Economic and Doctrinal Considerations’ (1997) 8
Australian Intellectual Property Journal 134–150.
Reference Works
In Progress
133. ‘Abuse of process in Investor-State Dispute Resolution’ in Hélène Ruiz Fabri (ed), Max Planck
Encyclopedia of International Procedural Law (with James Munro),
Published
134. ‘GATT Art XIV: Exceptions to the Rule of Non-Discrimination’ in Rüdiger Wolfrum, Peter-Tobias
Stoll and Holger Hestermeyer (eds), Max Planck Commentaries on World Trade Law: WTO – Trade in
Goods (Koninklijke Brill NV, 2010) vol 5, 343–352 (with Elizabeth Sheargold).
135. ‘GATT Art. XV: Exchange Arrangements’ in Rüdiger Wolfrum, Peter-Tobias Stoll and Holger
Hestermeyer (eds), Max Planck Commentaries on World Trade Law: WTO – Trade in Goods
(Koninklijke Brill NV, 2010) vol 5, 353–365 (with Elizabeth Sheargold).
136. ‘General Principle of Law’, ‘International Treaties’ and ‘Most favoured nation treatment’ in Trischa
Mann (gen ed), The Oxford Australian Law Dictionary (Oxford University Press, 2010) (ISBN 978 0
195568394) 271, 317–318, 390.
137. ‘Electronic Commerce’ for Ramkishen Rajan and Kenneth Reinert (eds), Princeton Encyclopaedia of
the World Economy vol 1 (Princeton, Princeton University Press, 2008) (ISBN 978 0 691 12812 2) (by
invitation).
138. ‘Military Justice’ in Tony Blackshield, Michael Coper and George Williams (eds), The Oxford
Companion to the High Court of Australia (Singapore: Oxford University Press, 2001) 481–482 (with
Tania Voon) (ISBN 0195540220).
Reports
•
‘Practical Modalities of Peer Review in a Multilateral Framework on Competition’, Joint Group on
Trade and Competition, 14 March 2003, COM/DAFFE/TD(2002)82/FINAL (Paris: OECD, 2003).
Book Reviews
•
Marion Panizzon, Good Faith in the Jurisprudence of the WTO (2009) 36(3) Legal Issues of Economic
Integration 273–276 (with David Heaton).
•
Sacha Wunsch-Vincent, The WTO, the Internet and Trade in Digital Products: EC-US Perspectives
(2007) (by invitation) http://www.globallawbooks.org/reviews/detail.asp?id=306.
•
Hilary Charlesworth, Madelaine Chiam, Devika Hovell and George Williams, No Country is an Island:
Australia and International Law (2007) April Law Institute Journal 82 (by invitation).
•
Charles Hollander QC and Simon Salzedo, Conflicts of Interest and Chinese Walls (2002) 26
Melbourne University Law Review 241–248 (with Tania Voon).
○
Quoted in Director General, Department of Infrastructure, Planning and Natural Resources v
Stapleton (No.3) [2004] NSWADT 247 (29 October 2004) [19] (NSW Administrative Decisions
Tribunal).
•
Anwarul Hoda, Tariff Negotiations and Renegotiations under the GATT and the WTO: Procedures and
Practices (2002) 61(2) Cambridge Law Journal 488–490 (with Tania Voon).
Submissions to Government
•
Submission to the New Zealand Health Committee on the Smoke-free Environments (Tobacco Plain
Packaging) Amendment Bill (27 March 2014) (with Mark Davison and Jonathan Liberman).
•
Submission to the Australian Attorney-General’s Department on the Operation of the Freedom of
Information Act 1982 (7 December 2012) (with Tania Voon).
•
Submission to the New Zealand Ministry of Health on the Proposal to Introduce Plain Packaging of
Tobacco Products in New Zealand (5 October 2012) (with Tania Voon):
http://ssrn.com/abstract=2159555.
•
Submission to the Inquiry into Tobacco Plain Packaging by the House Committee on Health and Ageing
(21 July 2011) (with Tania Voon). http://ssrn.com/abstract=2151773.
o
Cited in House of Representatives Standing Committee on Health and Ageing, Advisory Report
on the Tobacco Plain Packaging Bill 2011 and the Trade Marks Amendment (Tobacco Plain
Packaging) Bill 2011 (August 2011) [1.32], [1.44].
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ANDREW D MITCHELL
Magazine Articles
•
‘Breach of WTO Rules’ (2011) 8(3) Global Oil & Fats Business Magazine 6–9.
Newspaper Articles
•
‘State Regulatory Autonomy and Tobacco Control in International Trade and Investment Law’ (19
February 2015) Investment Treaty News (online): http://www.iisd.org/itn/2015/02/19/state-regulatoryautonomy-and-tobacco-control-in-international-trade-and-investment-law/ (with Elizabeth Sheargold).
•
‘Australia’s plain tobacco packaging law at the WTO’ (15 May 2013) The Conversation (online):
http://theconversation.com/australias-plain-tobacco-packaging-law-at-the-wto-14043 (with Tania
Voon).
•
‘ADF personnel have a right to fair justice’, The Canberra Times (Canberra), 24 June 2005, Opinion
15 (with Tania Voon).
CONFERENCE PRESENTATIONS
1. ‘Alcohol labelling and international economic law’ (‘International Economic Law and NCD Prevention:
Trade, Investment and the Regulation of Food and Alcohol’, Melbourne, 14 June 2017) (forthcoming).
2. ‘Border Tax Adjustment and President Trump’s trade policy’ (‘Asian WTO Research Network Meeting,
Nantou County, Taiwan, 5-6 June, 2017) (forthcoming).
3. ‘Trade Disputes within the WTO and disputes over foreign investment treaties, the cases of Uruguay and
Australia’ (‘Sub-regional Workshop on Alcohol, Tobacco and Sugar-Sweetened Beverages Taxation’,
Bridgetown, Barbados, 18 May 2017) (forthcoming).
4. ‘The FCTC and trade and International Foreign Investment Agreements’ (‘Sub-regional Workshop on
Alcohol, Tobacco and Sugar-Sweetened Beverages Taxation’, Bridgetown, Barbados, 18 May 2017)
(forthcoming).
5. ‘The link between trade agreements and fiscal measures’ (‘Sub-regional Workshop on Alcohol, Tobacco
and Sugar-Sweetened Beverages Taxation’, Bridgetown, Barbados, 17 May 2017) (forthcoming).
6. ‘Applying General Exceptions to International Investment Agreements – Risks and Effectiveness’ (‘Asia
FDI Forum III: The China-EU Investment Negotiations: Towards a New Leadership in Global Investment
Governance?’, Hong Kong, 11-12 May, 2017) (forthcoming).
7. ‘Ensuring Trade and Investment Agreements Protect Thailand’s National Interest in Public Health’ (‘The
Centre For Health Economics, The Faculty of Economics, Chulalongkorn University, 9 December 2016).
8. ‘Prudential Exceptions to Trade and Investment Obligations’ (‘Finance in Asia: Integration & Regional
Coordination’, Singapore Management University, 7 December 2016).
9. ‘The international economic law litigation concerning Australia and Uruguay’s tobacco control measures’
(‘Symposium on Recent Developments in International Investment and Trade’, Cambridge, 30
November).
10. ‘Do Vintage BITs sound better? China and Australia investment treaties 1988/2015’ (‘Asia FDI Forum
II, Chinese University of Hong Kong, Hong Kong, 29 November 2016).
11. ‘The Peaceful Settlement of Disputes: Trade and Investment Law’ (‘Roundtable on Peaceful Settlement
of International Disputes and Protection of Individual Rights’, Chatham House & China University of
Political Science and Law, Beijing, 26 November, 2016).
12. ‘International trade and investment law and public health in the context of Brexit’ (UK Health Forum,
London, 18 November 2016).
13. ‘An Analysis of the international investment claims filed by Philip Morris against Uruguay and Australia’
(Foro Arbitraje y Litigación Internacional, Fundación para la Investigación sobre el Derecho y la Empresa
(FIDE), Madrid, 14 November 2016).
14. ‘EU Mega-regionals and the future of the democratic and regulatory state’ (‘Who is Afraid of European
Mega-Regionals? Reflections on CETA (and the dormant TTIP)’, Erasmus University, 28 October 2016).
15. ‘The Tobacco Carve-Out in the Trans-Pacific Partnership’ (‘The Trans-Pacific Partnership: Intellectual
Property and Trade’, Queensland University of Technology, 16 June 2016).
16. ‘ISDS in the TPP’ (‘The Age of Mega-Regionals: TPP & Regulatory Autonomy in International Economic
Law’, Melbourne Law School, Melbourne, 19-20 May 2016).
17. ‘ISDS in the TPP: Habitual or Radical?’ (TPP Conference, Asian WTO Research Network, Hong Kong,
16 May 2016)
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18. ‘International Trade and Investment Law and the Transfer of Data’ (International Transfer of Data:
Finding a Place for International Economic Law, Basel, Switzerland, 7 April 2016).
19. ‘Drafting Options to protect Health Policies in Trade and Investment Agreements’ (‘New generation of
FTAs and their implications’, ESCAP, Bangkok, Thailand, 11 March 2016).
20. ‘Future free trade agreements and international investment agreements and the idea of the embedded
liberalism compromise: the TPP as a case study’ (‘The Embedded Liberalism Compromise Revisited’,
UNSW Law School, Sydney, 25-26 February 2016).
21. ‘Trade and Investment Agreements: Health’ (Trade and Development Symposium, Nairobi, Kenya, 1417 December 2015).
22. ‘Investor-State Dispute Settlement and the TPP’ (TPP Revealed, Melbourne Law School, Melbourne, 13
November 2015).
23. ‘Lawfare: The Tobacco Industry’s Use of International Trade and Investment Law’ (PluriCourts,
University of Oslo, 28 September 2015).
24. ‘Australian Perspectives on the Trans-Pacific Partnership Negotiations’ (PluriCourts, University of Oslo,
23 September 2015).
25. ‘International Trade Law and International Investment Law: Implications for Public Health’ (Norwegian
Ministry of Health, Oslo, 22 September 2015).
26. ‘The Judicialization of Governance: A Comparative Analysis of International Trade and Investment Law’
(11th Annual Conference of the European Society of International Law, Oslo, Norway, 11 September
2015).
27. ‘Deepening integration v protecting regulatory autonomy: Asia-Pacific regionalism and the challenge of
regulatory barriers’ (Joint Asian International Economic Law Conference, Bali, Indonesia, 20-21 July,
2015) (with Elizabeth Sheargold).
28. ‘EC – China Autos: Haven’t we Danced this Dance Before?’ Conference: The WTO Case Law of 2014
(European University Institute, 14 May 2015).
29. ‘Australia’s Plain Packaging of Tobacco Products - Legal Challenges’ (Turkish Health Institute
Association – ‘Plain Packaging Workshop: International Experience and Turkey’s Situation’, Ankara,
Turkey, 6 March 2015).
30. ‘Australian natural resources law: Export controls and beyond’ (Institute for International Studies and
Training, Tokyo, 2–3 March 2015).
31. ‘Applying “Fuzzy” Good Governance Obligations: A Comparative Analysis of International Trade and
Investment Law’ (Hebrew University of Jerusalem, 18 February 2015).
32. ‘Implications of International Trade and Investment Agreements for a Global Alcohol Marketing Code’
(Expert Meeting on Alcohol Marketing Regulation of the Pan American Health Organization, Washington
DC, 12-13 January 2015).
33. ‘International Trade Law and International Investment Law: Complexity and Coherence for the natural
resources sector’ (Canadian Council of International Law Annual Conference, Ottawa, 13–15 November
2014).
34. ‘International Trade Law and International Investment Law: Recognising Complexity, Developing
Coherence’ (Emile Noël Fellows Workshop, New York University Law School, 29 September 2014).
35. ‘Ensuring Trade and Investment Agreements Protect the National Interest in Public Health’ (Ten Years
After the Australia-US Free Trade Agreement: Where to For Australia’s Trade Policy, Sydney, 25-26
September 2014).
36. ‘Procedural Fairness in WTO Tribunals’ (Procedural Fairness in International Courts and Tribunals,
University of Surrey, 19 September 2014).
37. ‘Australian perspective on ISDS’ (Finance Canada Legal Retreat, Ottawa, 28–30 July 2014) (with
Elizabeth Sheargold).
38. ‘Carve-outs for Prudential Measures in International Investment Agreements (IIAs)’ (Finance Canada
Legal Retreat, Ottawa, 28–30 July 2014) (with Elizabeth Sheargold).
39. ‘Strengthening the Governance of International Trade through Closer Integration with International
Investment? (2014 Asia WTO Research Network Annual Conference, Taipei, 14–15 June 2014).
40. ‘International Trade Law and International Investment Law: Complexity and Coherence’ (American
Society of International Law Annual Meeting, Washington DC, 11 April 2014).
41. ‘Governing Markets’ (‘Public Policy in the Asian Century’, Melbourne School of Government,
9 December 2013).
42. ‘Global and Regional Trends in FDI, IIAs, ISDS & UNCTAD’s IPFSD’, ‘Definition of Investment’,
‘Definition of Investor’, ‘National Treatment’, ‘Most-Favoured Nation’, ‘Fair and Equitable Treatment’,
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44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
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ANDREW D MITCHELL
‘Free Transfer of Funds’, ‘Expropriation’, ‘ISDS’ (UNCTAD/OCTPAIC Workshop for Pacific Islands
Forum Countries, Auckland, 25 November 2013).
‘Legal Arrangements to Protect the Rights of Sub-National Groups: Lessons for Sabah and Sarawak’
(Malaysia 50 Years On: Expectation vs Reality, Kota Kinabalu, 5 October 2013).
‘Ensuring Trade and Investment Agreements Protect the Australian National Interest in Public Health’
(The Australian ‘National Interest’ in the Asian Century: Trade, Investment and Security’, Bond
University, Gold Coast, 26 September 2013).
‘Comparing the Concept of “Necessity” in International Investment Law and WTO Law’ (World Trade
Organization, Geneva, 20 September 2013).
‘The Role of International Trade and Investment Law in Protecting Foreign Investments in the Resources
Sector’ (Annual Academic LLM Conference, The University of Lausanne, 20 September 2013).
‘International Commercial Arbitration’ (International Commercial Law and Arbitration Conference,
Sydney, 22–23 August 2013).
‘A Collaborative Model for Combating Non-Communicable Diseases (NCDs): Coherence Between
Regulation of Risk Factors and International Law’ (National Preventive Health Research Symposium,
Canberra, 26 June 2013).
‘Plain Packaging of Tobacco Products: WTO Issues’ (WTO Regional Trade Policy Course for Central
and Eastern Europe, Central Asia and the Caucasus countries, Istanbul, 17 June 2013).
‘Trade and Investment Law’s Impact on Public Health Measures’ (14th Greek/Australian International
Legal and Medical Conference, Cape Sounion, Greece, 8 June 2013).
‘Plain Tobacco Packaging: Implications for Health, Law and Policy’, Pardee RAND Graduate School
(RAND Corporation, 12 April 2013).
‘Ongoing Challenges to Plain Tobacco Packaging: Broader Implications’ (UCLA School of Law, 8 April
2013).
‘Public Health Implications of International Trade and Investment Law’, Center for Biomedical Ethics
and Society (Vanderbilt School of Medicine, 5 April 2013).
‘The Relationship between International Trade Law and International Investment Law’, International
Law Society (Vanderbilt Law School, 3 April 2013).
‘Plain Tobacco Packaging: Implications for Law and Health’, Health Law Society (Vanderbilt Law
School, 2 April 2013).
‘Legal Disputes Concerning the Plain Packaging of Tobacco Products’ (Hong Kong Department of
Health, 14 December 2012).
‘Legal Disputes Concerning the Plain Packaging of Tobacco Products’ (Faculty of Law, Hong Kong
University, 12 December 2012).
‘International Trade and Investment Law and the Resources Sector’ (National Kaoshiung University,
Taiwan, 4 December 2012).
‘International Trade and Investment Law and the Resources Sector’ (Symposium on International
Economic Law: New Issues and Challenges, National Chiao Tung University, Taiwan, 3 December
2012).
‘Role of WTO in Free and Fair Trade on Palm Oil’ (Palm Oil: Sustaining Growth, Expanding Trade,
Bali, 30 November 2012).
‘The Promise of Trade and Investment Law for the Extractive Sector’ (Australian Mining and Petroleum
Law Association, 2012 National Meeting, Brisbane, 1 November 2012).
‘Plain Tobacco Packaging: A Case Study of TRIPS’ (Global Issues on Abuse of Intellectual Property
Rights, Yonsei Law School, Seoul, 27 October 2012).
‘Plain Packaging’ (Korean Ministry of Foreign Affairs and Trade, Seoul, 25 October 2012) (with Tania
Voon).
‘The Implications of international trade and investment law for standardised tobacco packaging schemes’
(Shin & Kim, Seoul, 24 October 2012).
‘Plain Packaging in Australia: A Case Study’ 2012 International Conference on FCTC, National Taiwan
University, Taiwan, 23 October 2012 (with Tania Voon).
‘Update on trade aspects – WTO, Bilateral Agreements – and its relevance in Australia and worldwide’
and ‘Helping Other Jurisdictions, in particular India, navigate through issues relating to WTO issues and
Trade Agreements’ (Working Towards Plain Packaging of Tobacco Products in India, Australia India
Institute, 13 September 2012) (with Tania Voon).
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67. ‘Investment, Trade, Health & Environment. Can NAFTA/CAFTA Be More Than A Trade Agreement?’
(Juris Conferences’ Sixth Annual Investment Treaty Arbitration conference, Washington, D.C., 27 March
2012).
68. ‘WHO FCTC Implementation Workshop’ (World Health Organization, Geneva, 15–16 March 2012).
69. ‘Investment and Trade Challenges as a Tobacco Industry Strategy to undermine implementation of the
WHO Framework Convention on Tobacco Control: Lessons for the TPPA negotiations’ (11th Round of
Trans-Pacific Partnership Negotiations, Stakeholders’ Forum, Melbourne, 4 March 2012) (with Jonathan
Liberman).
70. ‘International Economic Law Research’, Research Collaboration Showcase Event between the University
of Melbourne and the Hebrew University of Jerusalem (University of Melbourne, 13 February 2012).
71. ‘Assessing International Investment Claims Against Plain Tobacco Packaging in Australia’ (World
Health Organization, Brunei, 11 January 2012).
72. ‘Back in Your Box: Big Tobacco’s Legal Challenges to Plain Packaging in Australia’ (University of
Lausanne, Lausanne, 18 November 2011).
73. ‘Back in Your Box: Big Tobacco’s Legal Challenges to Plain Packaging in Australia’ (World Trade
Institute, The University of Bern, Bern, 16 November 2011).
74. ‘The Power of the FCTC in an Era of Trade and Investment Challenges’ (World Health Organization,
Geneva, 15 November 2011).
75. ‘Trade and investment law issues concerning Australia’s plain packaging of tobacco initiative’ (The
University of Geneva & The Graduate Institute in Geneva, Geneva, 14 November 2011).
76. ‘Trade, Science and Plain Packaging’, International Conference on Trade, Science, Technology, and
Justice, National Chiao Tung University (Hsin Chu, Taiwan 3–4 November 2011).
77. ‘Dead or resting? Observations on the Doha Round’ (Chinese University of Hong Kong, Hong Kong
SAR, 28 October 2011).
78. ‘International Trade and Investment Law and Plain Packaging (Chinese University of Hong Kong, Hong
Kong SAR, 27 October 2011).
79. ‘Plain packaging of tobacco: the Australian experience so far’ (Oceania Tobacco Control Conference
2011, Brisbane, 18 October 2011).
80. ‘Back in Your Box: Big Tobacco’s Legal Challenges to Plain Packaging in Australia’ Melbourne School
of Population Health (Melbourne, 7 September 2011).
81. ‘China‘s Currency and IMF Issues’, Inaugural Conference of the Centre of the Centre for Financial
Regulation and Economic Development (Hong Kong, 11–13 August 2011) (with Jennifer Hawkins).
82. ‘International Trade Law Implications of Australia’s National Broadband Network’, Australian & New
Zealand Society of International Law, 19th Annual Conference (Australian National University, Canberra,
25 June 2011) (with Tania Voon).
83. ‘Implications of International Economic Law for Tobacco Control in Africa’ (African International
Economic Law Regional Conference, Johannesburg, South Africa, 5–6 May 2011).
84. ‘The Implications of International Investment Law for Plain Cigarette Packaging’, Workshop: Legal
Issues relating to Australia’s Proposed Plain Packaging of Cigarettes (Melbourne Law School, 8 April
2011).
85. ‘Teaching in the Field’, Collegial Conversation (Melbourne Law School, 23 March 2011) (with Bruce
Oswald and Tania Voon).
86. ‘The Implications of WTO & Investment Law for Tobacco Control Measures’ (Economic Integration of
the Asia-Pacific Region and Beyond, National Taiwan University College of Law, Taipei, 4 March 2011).
87. ‘Trade and NCDs’ (Inter-Faculty Workshop on Law and Non-Communicable Diseases, Melbourne, 24
February 2011).
88. ‘International Trade Law Implications of the National Broadband Network’ (Media, Communications
and Public Speech, Melbourne, 25–26 November 2010) (with Tania Voon).
89. ‘International Trade Law Implications of the National Broadband Network’ (American Society of
International Law, International Economic Law Interest Group 2010 Biennial Meeting, Minnesota, 1820 November 2010) (with Tania Voon).
90. ‘Tobacco or Trademarks? Australia’s Plain Packaging Initiative’ (Vanderbilt Law School, Nashville, 21
October 2010).
91. ‘The Development Aspect of Trade & Health’ (The Law and Development Institute Inaugural
Conference, Sydney, 16 October 2010).
92. ‘Trade and Non-communicable diseases’ (Law and Non-Communicable Diseases Workshop, Melbourne,
28 July 2010).
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93. ‘China’s Telecommunication Services Markets’ (International Conference on the Political Economy of
Liberalising Trade in Services, Hebrew University of Jerusalem, 14–15 June 2010) (with Tania Voon).
94. ‘The FCTC and WTO law’ (2010 International Conference on FCTC: Review and Prospect, Asian Center
of WTO & International Health Law and Policy (ACWH) of National Taiwan University College of Law,
Taipei, 11–12 June 2010).
95. ‘Implications of the World Trade Organization in Combating Non-Communicable Diseases’ (Legislate,
Regulate, Litigate?, Sydney Law School, 10 June 2010) (with Tania Voon).
96. ‘Perennial WTO Disputes – What Can We Learn from Them?’ (Tenth Annual WTO Conference, British
Institute of International and Comparative Law, London, 19–20 May 2010).
97. ‘Open for Business? China’s Telecommunications Service Market and the WTO’ (CMCL Seminar,
Melbourne Law School, 21 April 2010) (with Tania Voon).
98. ‘David’s Sling: Cross-Agreement Retaliation in International Trade Disputes’ (International Law
Association (British Branch) 2010 Annual Conference, Oxford, 15–16 April 2010) (with Constantinos
Salonidis).
99. ‘The Evaluation of Environmental Services Commitments and Offers of Liberalisation in the WTO and
RTAs’ (International Centre for Trade and Sustainable Development, Geneva, 20 November 2009).
100. ‘Commentator: The relationship between regimes of international economic law and the production of
knowledge about the global economy’ (Scholarship Roundtable - The Law and Politics of International
Cooperation, Centre for International & Comparative Law, Duke University School of Law, North
Carolina, 6–7 November 2009).
101. ‘Current Issues on Biofuels and Trade’ (Institute of International Economic Law, Georgetown University
Law Center, Washington DC, 3 November 2009).
102. ‘In Search of Coherence Between Trade and Health: Inter-Institutional Opportunities’ (Symposium on
‘Global Law and Multilateral Law: Evolving Conceptions of International Law and Governance’,
Maryland Journal of International Law, University of Maryland School of Law, Baltimore, 23 October
2009) (with Jonathan Liberman).
103. ‘Climate Change and the WTO’ (Canadian Council on International Law - 2009 Annual Conference,
Ottawa, 14–16 October 2009).
104. ‘With an Eye to the Past: Precedent in the WTO’ (Institute of International Economic Law, Georgetown
University Law Center, Washington DC, 30 September 2009).
105. ‘Inherent Jurisdiction of WTO Tribunals’ (WTO Appellate Body Speaker Series, Geneva, 9 July 2009)
(with David Heaton).
106. ‘Global Administrative Law’ (paper presented at the China University of Political Science, Beijing, 7
May 2009).
107. ‘Moots R Us’, Collegial Conversation (Melbourne Law School, 23 April 2009) (with Tania Voon).
108. ‘The “Inherent Jurisdiction” of WTO Tribunals – The Need for a “Principled” Approach’ (International
Trade Law Symposium, Canberra, 3–4 April 2009) (with David Heaton).
109. ‘Learning from Doha: Can “Development” be Operationalized in International Economic Law?’ (103rd
Annual Meeting of the American Society of International Law, Washington, DC, 25–28 March 2009).
110. ‘Global Governance: The WTO’s Contribution’ (Paper presented at the Four Societies Symposium:
International Law and Democratic Theory, University of Alberta in Edmonton, Canada, 12–13 September
2008).
111. ‘Global Administrative Law’ (Paper presented at the 2008 National Administrative Law Forum,
Melbourne, 7–8 August 2008).
112. ‘Take My Breath Away: Free Trade, Public Health and Tobacco Control’ (Paper presented at the 2008
International Conference on Illicit Trade in Tobacco Products, Taipei, Taiwan, 1–2 August 2008) (with
Sarah Kemeny).
113. ‘Precedent in the World Trade Organization’ (Paper presented to the International Arbitration Group,
Wilmer Cutler Pickering Hale and Dorr LLP, London, 31 July 2008).
114. ‘With an Eye to the Past: The Use of Precedent by the New Decision-Makers in International Economic
Law’ (Paper presented at the Society of International Economic Law Inaugural Conference, Geneva, 15–
17 July 2008) (with Maxi Scherer).
115. ‘Current Developments in International Trade and Tobacco’ (Paper presented at the Australian & New
Zealand Society of International Law, 16th Annual Conference, 26–28 June 2008) (with Sarah Kemeny).
116. ‘Access to Medicines in the WTO and Beyond’ (Paper presented at the ‘Incentives for Global Health:
Patent Law and Access to Essential Medicines’ Workshop, ANU, Canberra, 26–28 May 2008) (with
Tania Voon).
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117. ‘Operationalising Special and Differential Treatment’ (Paper presented at The Future of the Multilateral
Trade System – Centre for Public Policy Symposium, Melbourne, 7 April 2008) (with Tania Voon).
118. ‘Using International Law in WTO Dispute Settlement’ (Paper presented at Hanoi Law University, Hanoi,
Vietnam, 21 March 2008).
119. ‘The Australia-US FTA’ (Paper presented at the ‘Free Trade Agreements: Where is the World Heading’
Conference, Faculty of Law of Bond University, Gold Coast, 9–10 March 2007).
120. ‘Use (and Misuse) of Public International Law in the GMO/Biotech case’ (Paper presented at the Institute
for International Law and the Humanities seminar on EC – Biotech, Melbourne, 21 February 2007) (with
Tania Voon).
121. ‘Cross-border advertising, promotion and sponsorship: Trade and Customs Issues’ (Second Meeting of
the Expert Group, Framework Convention on Tobacco Control, World Health Organization, Agra, India,
16–18 November 2006).
122. ‘Tonga and the WTO: The Rhetoric of Special & Differential Treatment, the Reality of Accession’ (Paper
presented at the Australian and New Zealand Society of International Law (‘ANZSIL’) Annual
Conference, Wellington, 29 June –1 July 2006) (with Joanne Wallis).
123. ‘Trade Remedies: Dispute Settlement Procedures, Business Law and Enforcement’ (Paper presented at
the China-Australia FTA Conference in Shenzhen, 27–29 June 2006).
124. ‘Managing the Challenges of WTO Accession’ (Paper presented at the Symposium on WTO Issues and
Law (International Trade and Development Project at the Gilbert + Tobin Centre of Public Law), Sydney,
23 June 2006).
125. ‘Lawyering in International Institutions’, LLB Guest Speakers’ Forum (Melbourne Law School, 21
March 2006) (with Tania Voon).
126. ‘Legal Principles in WTO Dispute Settlement’ (Paper presented at the 2006 South-East Asia & Pacific
Regional Round of the ELSA Moot Court Competition on the Law of the WTO, Adelaide, 17 March
2006).
127. ‘Trade and Terrorism: The Impact of Increased Vigilance and Security on Trade – Article XXI of GATT
1994’ (Paper presented at the International Trade Law Symposium (Attorney-General’s Department and
Law Council of Australia, International Law Section), Canberra, 3 March 2006) (with Tania Voon).
128. ‘The Principle of Special & Differential Treatment in WTO Disputes’ (Paper presented at the Hong Kong
Trade and Development Symposium, Hong Kong, 17 December 2005).
129. ‘Legal Research in Practice’, Australasian Legal Education Forum (Melbourne, 1 July 2000) (with Tania
Voon).
PHD STUDENTS
Enrolled
1. Parikesit Widiatedja, ‘The Relationship between Trade and Investment Treaties and the National Interest:
A Case Study of Tourism in Indonesia’ (with Tania Voon).
2. Neha Mishra, ‘Digital Trade and Internet Governance: Never the Twain Shall Meet?’ (with Tania Voon).
3. Lemuel Lopez, ‘When Choice of Law and Choice of Forum Clauses in International Commercial
Contracts are Challenged: Key Lessons from Asian Jurisdictions’ (with Richard Garnett).
4. Ana Palacio Valencia, ‘Towards Consolidation: Enhancing the Institutional and Legal Framework of the
Pacific Alliance’ (with Tania Voon).
5. Elizabeth Sheargold, ‘Safeguarding Regulatory Autonomy in the Negotiation and Drafting of the TransPacific Partnership Agreement (TPPA)’ (with Tania Voon).
Submitted
6. Dudi Rulliadi, ‘The Transformation of Public-Private Partnerships (PPPs) in the Infrastructure Sector:
The Case of Indonesia’ (with Tim Lindsay and Anne Orford) (submitted 2017).
Completed
7. James Munro, ‘Emissions Trading Schemes Under International Economic Law’ (with Margaret Young)
(2016).
8. Rheny Pulungan, ‘The Limitations of the International Law on Piracy and Maritime Terrorism: Options
for Strengthening Maritime Security in the Malacca Straits’ (with Tim Lindsay) (2014).
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Ross Becroft, ‘The Development of a Standard of Review in World Trade Organization Disputes’ (with
Tania Voon) (2011).
10. Sarah Finnin, ‘Elements of Accessorial Modes of Liability’ (with Jenny Morgan and Tim McCormack)
(2011).
11. Virgine Tassin, ‘The Extension of the Continental Shelf: Sanctioning a New Relationship of the State to
its Territory’ (with Stuart Kaye) (2010).
12. Ian Henderson, ‘Targeting During Armed Conflict: A Legal Analysis’ (with Tim McCormack) (2008).
9.
23