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Prof. Bryan Mercurio – List of Publications

Book Authored

World Trade Law: Text, Materials and Commentary (2nd edition, Hart Publishing, 2012) (with Simon Lester and Arwel Davies) (40% contribution) (934 pages)

Reviewed by: Ramu Nachiappan and Juanianto Losari, (2014) 4(2) Asian Journal of International Law 422-23

International Business Law (Oxford University Press, 2009) (with Meredith Kolsky Lewis, Leon Trakman and Bruno Zeller) (50% contribution) (548 pages)

Reviewed by: Mitchell Earnshaw, (2011), XIV International Trade and Business Law Review

World Trade Law: Text, Materials and Commentary (Hart Publishing, 2008) (with Simon Lester) (40% contribution) (892 pages)

Reviewed by: Tatiana Anpilogova, (2008) 12 Singapore Year Book of International Law 365-367; Mosleh Ahmad At’tarawneh, (2008) 7(2) Journal of International Trade Law and Policy 219-220; David A. Gantz, (2009) 15(1) International Trade Law and Regulation 30-31; Bashar H. Malkawi, (2009) 2 Web Journal of Current Legal Issues, available at http://webjcli.ncl.ac.uk/2009/issue2/malkawi2.html; Reviewed by Jimcall Pfumorodze, (2009) 9 University of Botswana Law Journal 87; Marjus Krajewski, (2011) 2 European Yearbook of International Economic Law 473-476

WTO Dispute Settlement Understanding: A Detailed Interpretation (Kluwer Law International, 2005) (with Yang Guohua and Li Yongjie) (40% contribution) (592 pages)

Books Edited

Contemporary Issues in Pharmaceutical Patent Law and Policy (Routledge, expected in late-2016) (edited with Daria Kim)

Bilateral and Regional Trade Agreements: Commentary and Analysis (2nd ed, Cambridge University Press, 2016) (edited with Simon Lester and Lorand Bartels)

Bilateral and Regional Trade Agreements: Case Studies (2nd ed, Cambridge University Press, 2016) (edited with Simon Lester and Lorand Bartels)

International Economic Law after the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, 2015) (with CL Lim)

Science and Technology in International Economic Law: Balancing Competing Interests (Routledge, 2013) (edited with Kuei-Jung Ni)

The Regulation of Services and Intellectual Property (Ashgate Publishing, 2013) (edited with Markus Krajewski)

Bilateral and Regional Trade Agreements: Commentary and Analysis (Cambridge University Press, 2009) (edited with Simon Lester)

Reviewed by: Jeffrey Dunoff, (2010) 9(2) World Trade Review 395-398

Bilateral and Regional Trade Agreements: Case Studies (Cambridge University Press, 2009) (edited with Simon Lester)

Reviewed by: Jeffrey Dunoff, (2010) 9(2) World Trade Review 395-398

Realising Democracy: Electoral Law in Australia (Federation Press, 2003) (edited with Graeme Orr and George Williams)

Reviewed by: AJ Brown, (2004) 14(2) Griffith Law Review 330-331; Andrew Geddis, ‘“For We Are Young and Free”: Australia’s Electoral Law’ (2004) 3(2) Election Law Journal: Rules, Politics and Policy 385-390; DL Lewis, (2004) Journal of the Royal Australian Historical Society

Journals Articles

 ‘Intellectual Property and Free Trade Agreements: A Call to Return to Basics’ (2016) Pandora’s Box (forthcoming, 4076 words) [invited contribution]

‘Safeguarding Public Welfare? – Intellectual Property Rights, Health and the Continuing Evolution of Treaty Drafting in International Investment Agreements’ (2015) 6 Journal of International Dispute Settlement 252-276

To be reprinted in Thilo Rensmann (ed) Mega-Regionals and the Future of International Trade and Investment Law (Cambridge University Press, forthcoming 2016)

‘The Flow-on Effect: How the TPP will re-shape trade relations in Asia’ (2016) 7 European Yearbook of International Economic Law 515-525 [invited contribution]

‘Foreign Direct Investment in the Pharmaceutical Industry – What are the Key Determinants? A Case Study of Singapore and Hong Kong’ (2015) 10(2) Asian Journal of Comparative Law 235-257 (with Daria Kim) (50% contribution)

‘The Trans-Pacific Partnership: Becoming a Game Changer’ (2014) 37 The World Economy 1558-1574

‘International Investment Agreements and Public Health: Neutralizing a Threat through Treaty Drafting’ (2014) 92(7) Bulletin of the World Health Organization 520-525

‘Patently Lacking: An Analysis and Call for Systemic Review of Pharmaceutical Law and Policy – A Case Study of in Hong Kong’ (2014) 9(1) Asian Journal of WTO & International Health Law and Policy 63-122 (with Daria Kim) (50% contribution)

‘Principles for Intellectual Property Provisions in Bilateral and Regional Agreements’ (2013) 44(8) International Review of Intellectual Property and Competition Law 878-883 (with 18 others)

‘The Anti-Counterfeiting Trade Agreement: Ambitious Aims vs Political Reality’ (2013) 3(2) KLRI Journal of Law and Legislation 315-343

‘The Trans-Pacific Partnership: Potential Failure to Game Changer’ (2013) 14 Australian Institute of International Affairs Policy Commentary 21-30 [invited contribution]

‘Awakening the Sleeping Giant: Intellectual Property Rights in International Investment Agreements’ (2012) 15(3) Journal of International Economic Law 871-915

‘Low Carbon Emission Standards and the WTO: Do Californian Measures targeting Greenhouse Gas Emissions Unfairly Discriminate against Canadian Oil’ (2012) 45(2) University of British Columbia Law Review 451-496 (with Justin Wong) (70% contribution)

33 ‘Beyond the Text: The Significance of the Anti-Counterfeiting Trade Agreement (ACTA)’ (2012) 15(2) Journal of International Economic Law 361-390

‘‘Seizing’ Pharmaceuticals in Transit: Analysing the WTO Dispute that Wasn’t’ (2012) 61(2) International and Comparative Law Quarterly 389-426

‘China and the Enforcement of Intellectual Property Rights’ (2012) 2012/1 China Perspectives 23-28 [invited contribution]

Published in French as: ‘la protection et le respect de la propriété intellectuelle depuis l’accession de la Chine a l’Organisation mondiale du commerce’ (2012) 2012/1 Perspectives Chinoises 23-29

‘A Call for an Agreement on Trade-Related Aspects of Labor: Why and how the WTO should play a role in upholding core labor standards’ (2012) 37(3) North Carolina Journal of International Law and Commercial Regulation 101-160 (with Renee Chartres) (60% contribution)

‘China’s Evolving Role in WTO Dispute Settlement: Acceptance, Consolidation and Activation’ (2012) 3 European Yearbook of International Economic Law 89-123 (with Mitali Tyagi) (50% contribution) [invited contribution]

‘Trade Liberalisation in Asia: why intra-Asian free trade agreements are not utilised by the business community’ (2011) 6(1) Asian Journal of WTO & International Health Law and Policy 109-136 [invited contribution]

‘The Untapped Potential of Investor-State Dispute Settlement involving Intellectual Property Rights and Expropriation in Free Trade Agreements’ (2011) 15(3) Ewha Law Journal 1-24 [invited contribution]

‘A Precautionary Approach to Decision Making: The Evolving Jurisprudence on Article 5.7 of the SPS Agreement’ (2010) 2(2) Trade, Law and Development 195-223 (with Dianna Shao) (70% contribution) [invited contribution]

‘Reconceptualising the Debate on Intellectual Property Rights and Economic Development’ (2010) 3(1) The Law and Development Review 65-107 [invited contribution]

‘Treaty Interpretation in WTO Dispute Settlement: The Outstanding Question of the Legality of Local Working Requirements’ (2010) 19(2) Minnesota Journal of International Law 275-326 (with Mitali Tyagi) (50% contribution)

‘Is China a ‘Currency Manipulator’?: The legitimacy of China’s exchange regime under the current international legal framework’ (2009) 43(3) International Lawyer 1257-1300 (with Celine Sze Ning Leung) (75% contribution) [invited contribution]

‘Reflections on the WTO and the Prospects for its Future’ (2009) 10(1) Melbourne Journal of International Law 49-57 [invited contribution]

‘Why Compensation Cannot Replace Trade Retaliation in the WTO Dispute Settlement Understanding’ (2009) 8(2) World Trade Review 315-338

‘Health in the Developing World: the case for a new international funding and support agency’ (2009) 4(1) Asian Journal of WTO & International Health Law and Policy 27-64

‘Growth and Development: Economic and Legal Conditions’ (2007) 30 University of New South Wales Law Journal (Thematic Issue on International Trade Law) 437-476 [invited contribution]

‘The WTO and its Institutional Impediments’ (2007) 8 Melbourne Journal of International Law 198-232

‘Resolving the Public Health Crisis in the Developing World: Problems and Barriers of Access to Essential Medicines’ (2007) 5 Northwestern Journal of International Human Rights 1-40 (Reprinted in Public Health and Law (IFCAI Press, 2008))

‘Re-Shaping the Role of Developing Countries in the WTO: Analysing the Agreement on Agriculture’ (2006) 9 Balayi: Culture, Law and Colonialism 73-107 [invited contribution]

‘Expanding Democracy: Why Australia should negotiate for open and transparent dispute settlement in its FTAs’ (2005) 6(2) Melbourne Journal of International Law 485-515 (with Rebecca LaForgia) (50% contribution)

‘The Impact of the AUSFTA on the Provision of Health Services in Australia’ (2005) 26 Whittier Law Review 1051-1100 [invited contribution]

‘The Australian Diaspora and the Right to Vote’ (2004) 32(1) University of Western Australia Law Review 1-29 (with George Williams) (50% contribution)

‘Should Australia Continue Negotiating Bilateral Free Trade Agreements?: A Practical Analysis’ (2004) 27 University of New South Wales Law Journal 667-702

‘Electoral Law: Free and Fair?’ (2004) 32 Federal Law Review 365-395 (with George Williams) (50% contribution)

‘Electoral Law Symposium: An Introduction’ (2004) 32 Federal Law Review 357-363 (with Graeme Orr and George Williams) (33% contribution)

‘Improving Dispute Settlement in the WTO: The DSU Review – Making It Work?’ (2004) 38 Journal of World Trade 795-854

‘Democracy in decline: Can Internet Voting Save the Electoral Process’ (2004) 22 John Marshall Journal of Computer & Information Law 409-456

‘TRIPs, Patents and Access to Life-Saving Drugs in the Developing World’ (2004) 8 Marquette Intellectual Property Law Review 211-253

‘The Australian Contribution to the Dispute Settlement System’ (2003) 12 Currents: International Trade Law Journal 43-57

‘Discrimination in Electoral Law: Using Technology to Extend the Secret Ballot to Disabled and Illiterate Voters’ (2003) (28)(6) Alternative Law Journal 272-276

‘Australian Electoral Law: A Stock-take’ (2003) 2 Election Law Journal 383-402 (with Graeme Orr and George Williams)

‘Abortion in Ireland: An Analysis of the Legal Transformation Resulting from Membership in the European Union’ (2003) 11 Tulane Journal of International & Comparative Law 141-180

‘Overhauling Australian Democracy: The Benefits and Burdens of Internet Voting’ (2002) 21(2) University of Tasmania Law Review 23-63

‘Internet Service Provider Liability for Copyright Infringements of Subscribers: A Comparison of the American and Australian Efforts to Combat the Uncertainty’ (2002) 9(4) Murdoch University E-Law

Book Chapters

‘Water Technology and Intellectual Property: Lessons from the Right to Health’ in Julien Chaisse (ed) Water Law and Climate Change (Cambridge University Press, forthcoming 2016)

‘Patent Linkage Regulations: The Importance of Context and of Balancing Competing Interests’ in Bryan Mercurio and Daria Kim (eds) Contemporary Issues in Pharmaceutical Patent Law and Policy (Routledge, expected in late-2016)

‘Trade in Pharmaceuticals: Patents and Access to Medicines since TRIPS – Some certainty and several lingering questions’ in Julien Chaisse and Tsi-Yu Lin (ed) Festschrift in Honour of Mitsuo Matsushita (Oxford University Press, 2016) 427-444

‘China, Intellectual Property and the WTO: Challenging but not a challenge to the existing legal order’ in Colin Picker and Lisa Toohey (eds) China in the International Economic Order: New Directions And Changing Paradigms (Cambridge University Press, 2015) 293-318

‘Conclusion: Beyond Fragmentation’ in CL Lim and Bryan Mercurio (eds) International Economic Law after the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, 2015) (with CL Lim) 521-536

‘The Anti-Counterfeiting Trade Agreement, Less Harmonization, Further Fragmentation’ in CL Lim and Bryan Mercurio (eds) International Economic Law after the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, 2015) 406-426

‘The Fragmented Disciplines of International Economic Law after the Global Financial and Economic Crisis: An Introduction’ in CL Lim and Bryan Mercurio (eds) International Economic Law after the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, 2015) (with CL Lim) 1-30

‘ACTA: Anatomy of a Failed Agreement’ in Pedro Roffe (ed) The ACTA and the Plurilateral Enforcement Agenda: Genesis and Aftermath (Cambridge University Press, 2015) 329-337

‘The Future of the WTO’ in Andreas Kellerhals (ed) Bilateralismus im multilateralen Europa (Schulthess Verlag, 2014) 81-99

‘Public health law – case study: plain packaging’ in Sian Griffiths, Jin Ling Tang and Eng Kiong Yeoh (eds) Routledge Handbook on Global Public Health in South/East Asia (Routledge, 2014) 512-521

‘After the Second Extension of the Transition Period for LDCs: How Can the WTO Gradually Integrate the Poorest Countries into TRIPS?’ in Bryan Mercurio and Kuei-Jung Ni (eds) Science and Technology in International Economic Law: Balancing Competing Interests (Routledge, 2013) 260-290

‘World Trade Organization’, Chapter 10 of International Business Transactions in The Laws of Australia (Thomson Reuters, 2013) 1001-1065

‘Trade Liberalization and Poverty Reduction: Complimentary or Contradictory Aims’ in Krista Nadakavukaren Schefer (ed) Poverty and International Economic Law: Duties to the World’s Poor (Cambridge University Press, 2013) 66-78

‘TRIPs and Access to Essential Medicines’ in Geert Van Calster and Denise Prévost (eds) Research Handbook on Environment, Health and the WTO (Edward Elgar, 2013) 233-269

‘Intellectual Property Rights, Trade and Economic Development’ in YS Lee, Won-Mog Choi and Gary Horlick (eds) Law and Development Perspective on International Trade Law (Cambridge University Press, 2011) 49-80

(With permission from the journal, this chapter substantially draws from ‘Reconceptualising the Debate on Intellectual Property Rights and Economic Development’ (2010) 3(1) The Law and Development Review 65-107)

‘Bilateral and Regional Trade Agreements in Asia: A Sceptic’s View’ in Ross Buckley, Richard Hu and Douglas Arner (eds), The Economic and Financial Integration of East Asia (Edward Elgar, 2011) 121-149

(With permission from the journal and publisher, this chapter is a reproduction of ‘Trade Liberalisation in Asia: why intra-Asian free trade agreements are not utilised by the business community’ (2011) 6(1) Asian Journal of WTO & International Health Law and Policy 109-136)

‘Retaliatory Trade Measures in the WTO Dispute Settlement Understanding: Are There Really Alternatives?’ in James Hartigan (ed) Trade Disputes and the Dispute Settlement Understanding of the WTO: An Interdisciplinary Assessment (Emerald/Elsevier, 2009) 397-442

‘The Politics and Law of Prisoner Disenfranchisement in Australian Federal Elections’ in Alec Ewald and Brandon Rottinghaus (eds) Criminal Disenfranchisement in an International Perspective (Cambridge University Press, 2009) (with Ronni Redman and David Brown) 167-204

‘Intellectual Property’ in Simon Lester, Bryan Mercurio and Lorand Bartels (eds) Bilateral and Regional Trade Agreements: Analysis and Commentary (2nd ed, Cambridge University Press, 2016) (with Michael Handler) 324-363

‘The Japan–Mexico Economic Partnership Agreement’ in Simon Lester and Bryan Mercurio (eds) Bilateral and Regional Trade Agreements: Case Studies (Cambridge University Press, 2009) 111-143

‘TRIPS-Plus Provisions in Regional Trade Agreements’ in Lorand Bartels and Federico Ortino (eds) Regional Trade Agreements and the WTO Legal System (Oxford University Press, 2006) 215-238

‘The WTO Dispute Settlement Understanding: How A Rules-Based System Benefits Australia’ in Department of Foreign Affairs and Trade (ed) Ten Years of WTO Dispute Settlement: Australian Perspectives (DFAT, 2006) 105-122

‘Japan–Mexico Economic Partnership Agreement: Completing the Matrix’ in Leon Trakman, Nick Ranieri and Marlon Lopez (ed) Doing Business in Mexico (Transnational Publishing, 2005) 1-35

‘The Future of Dispute Settlement in the WTO: The Implementation Phase under Scrutiny’ in Ross Buckley (ed) The WTO and the Doha Round: The Changing Face of World Trade (Kluwer Law International, 2003) 115-143

‘The Australian Electoral Tradition’ in Graeme Orr, Bryan Mercurio, and George Williams (eds) Realising Democracy: Election Law in Australia (Federation Press, 2003) (with Graeme Orr and George Williams) 1-6

‘Beyond the Paper Ballot: Discovering Computerised Voting’ in Graeme Orr, Bryan Mercurio, & George Williams (eds) Realising Democracy: Election Law in Australia (Federation Press, 2003) 230-242

Book Reviews

Book Review of David Gantz, Regional Trade Agreements (Carolina Academic Press, 2009), (2010) 9(2) World Trade Review 412-415

Other Publications

‘How US support for Taiwan TPP entry can foster democracy’ eginsight.com (Hong Kong Economic Journal), 19 November 2014, available at http://www.ejinsight.com/20141119-us-support-for-taiwan-tpp-bid-foster-democracy/

‘TRIPS and innovation: a necessary reappraisal?’ paper commissioned by the International Centre for Trade and Sustainable Development (ICTSD) and World Economic Forum, November 2014 (5,365 words), available at http://e15initiative.org/publications/trips-patents-and-innovation-a-necessary-reappraisal/

‘Staying engaged on every front: Australia’s trade policy strategy’ The Conversation, 15 October 2014, available at https://theconversation.com/staying-engaged-on-every-front-australias-trade-policy-strategy-32814

‘After the Second Extension of the Transition Period for LDCs: How Can the WTO Gradually Integrate the Poorest Countries into TRIPS?’ (2013) NCCR Working Paper No 2013/42 (with Arno Hold)

‘The Principles for Intellectual Property Provisions in Bilateral and Regional Agreements’, contributor and signatory, available at http://www.ip.mpg.de/en/pub/news/fta_statement.cfm

‘Transitioning to intellectual property: How can the WTO integrate least-developed countries into TRIPS?’ (2012) NCCR Working Paper 2012/37 (with Arno Hold)

‘No easy path on trade’ The Economist, Letters, 19-25 January 2013

‘Promoting Democracy through Free Trade Agreements’ Australian Policy Online, 1 June 2005 (with Rebecca LaForgia)

‘New Kid on the Trade Bloc’ The Australian, 5 January 2005

‘Get used to the new (and productive) form of trading’ The Australian, 13 December 2004

‘Still Under Construction: Voting and the Internet Superhighway’ (2004) 166 Communications Update 15

‘Nation’s health will benefit from US drugs’ The Australian, 11 February 2004

‘Discrimination at the Ballot Box: The Secret Ballot and Blind Voters’ (October 2003) 12(2) Human Rights Defender 2

‘Political prisoner status earned, not stolen’ Sydney Morning Herald, 23 August 2003

Parliamentary Submissions

Submission to the Hong Kong Intellectual Property Department on Patent protection of inventions relating to second or further medical use under the original grant patent system, 12 August 2015

Submission made to the Joint Standing Committee on Electoral Matters on the Inquiry into the Conduct of the 2004 Federal Election and Matters Related Thereto, 23 March 2005 (called to give evidence to the Parliamentary Committee)

Submission made to the Senate Select Committee on the Free Trade Agreement between Australia and the United States of America, 27 April 2004

Submission made to the Joint Standing Committee on Electoral Matters on campaign funding and expenditures, 5 April 2004

Submission made to the Joint Committee on Treaties Inquiry into the Australia-United States Free Trade Agreement, 5 April 2004 (called to give evidence to the Parliamentary Committee)

Submission made to the Senate Inquiry into Australian Expatriates, 19 February 2004 (called to give evidence to the Parliamentary Committee)

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