ACADEMIC STAFF
Prof. Bryan MERCURIO
Professor
Outstanding Fellow of the Faculty of Law
Tel (852) 3943 1139
Fax (852) 2994 2505
Email b.mercurio@cuhk.edu.hk
Office

Room 638,
Faculty of Law,
6/F, Lee Shau Kee Building,
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR



Bryan Mercurio is Professor and Vice Chancellor’s Outstanding Fellow of the Faculty of Law at the Chinese University of Hong Kong (CUHK), having been Associate Dean (Research) from 2010-14 and from 2017-19. Specializing in international economic law, Professor Mercurio is a leading expert in the intersection between trade law and intellectual property rights. His work also frequently deals with free trade agreements, dispute settlement, trade in services and increasingly international investment law. Professor Mercurio is the author of Drugs, Patents and Policy: A Contextual Study of Hong Kong (Cambridge University Press, 2018), co-author of one of the most widely used case books on WTO law (Hart Publishing, 2018, 3rd ed) and co-editor of the leading collection on bilateral and regional trade agreements (Cambridge University Press, 2nd ed, 2016). He has published articles in all of the leading trade journals (some of his work is available for download at http://ssrn.com/author=346439) and held several competitive grants.

Prior to relocating to Hong Kong in 2007, Professor Mercurio taught in the faculty of law at the University of New South Wales (UNSW). He has held visiting positions at a number of institutions in Asia, Europe and North America and is currently a Senior Fellow at the Melbourne Law School. Prior to academia, Professor Mercurio worked in government, practiced international trade, intellectual property and commercial law in the United States and Australia and participated as an advisor on the negotiation of several free trade agreements. He remains a frequent consultant and advisor to governments, industry associations and law firms on a wide range of trade and investment matters.

An active participant in a number of associations, he was a member of the founding committee and served on the inaugural Executive Board of the Society of International Economic Law (SIEL), a founding member of the SIEL Intellectual Property Law Network, a founding member of the Asian International Economic Law Network and is a Member for Hong Kong in the Asian WTO Research Network. In 2010 he authored the case for the ELSA WTO Moot Court Competition and from 2013-2016 served as a member of the International Centre for Trade and Sustainable Development/World Economic Forum E15 Expert Working Group on Trade and Innovation.

Education and Professional Qualifications

  • PhD, awarded the Vice-Chancellor’s Commendation for Academic Excellence, Macquarie University
  • LLM in International Law (Distinction), University of New South Wales
  • JD (Hons) Case Western Reserve University, School of Law
  • BA (Politics & Government) (Hons) Ohio Wesleyan University
    • Admitted to the State Bar of California
    • Admitted to the District of Columbia Bar Association

Research Interests

  • International trade law
  • International economic law
  • International investment law
  • Intellectual property
  • Public law

Representative Publications

Publications since 2014

Books

  • ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms (Cambridge University Press, 2019) (edited with Pasha Hsieh)
  • Drugs, Patents and Policy: A Contextual Study of Hong Kong (Cambridge University Press, 2018) (231 pages)
  • World Trade Law: Text, Materials and Commentary (3rd edition, Hart Publishing, 2018) (with Simon Lester and Arwel Davies) (1008 pages)
  • Contemporary Issues in Pharmaceutical Patent Law: Setting the Framework and Exploring Policy Options (Routledge, 2017) (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) (edited with CL Lim)

Journal Articles

  • ‘Regulating Tax Havens: Insights from the WTO Appellate Body Decision in Argentina – Financial Services’ (2020) 35(2) Banking and Finance Law Review __ (with Antoine Martin)
  • ‘Holes in the Silk: Investor Protection under China’s Belt and Road Initiative’ (2019) 14 Global Trade and Customs Journal 251-258 (with Dini Sejko)
  • ‘Liberalization Commitments, Financial Stability Safeguards and Capital Controls: Practice Evolutions from GATS to TPP and Mega-Regional Trade Agreements’ (2019) 9(1) Trade, Law and Development 71-96 (with Antoine Martin)
  • ‘Smoke Them Out: Why Excluding Tobacco from the Scope of International Investment Agreements is Unwise and Unnecessary’ (2018) 37(1) Medicine & Law 125-145 [invited contribution]
  • ‘Towards Convergence of Trade and Investment Law? A Right to take Prudential measures for the Preservation of Financial Stability’ (2018) 51(3) The International Lawyer 553-586 (with Antoine Martin)
  • ‘Australia’s Position on Investor-State Dispute Settlement: Fruit of a Poisonous Tree or a Few Rotten Apples?’ (2018) 40 Sydney Law Review 213-254 (with Kyle Dickson-Smith)
  • ‘The IMF Mandate on Capital Controls: Legal Analysis of the Article IV Byroad and the Institutional View of 2012’ (2017) 34(3) Arizona Journal of International and Comparative Law 529-556 (with Antoine Martin)
  • ‘The IMF and its Shifting Mandate Towards Capital Movements and Capital Controls: A Legal Perspective’ (2017) 44(3) Legal Issues in Economic Integration 211-35 (with Antoine Martin)
  • ‘Doha Dead and Buried in Nairobi: Lessons for the WTO’ (2017) 16(1) Journal of International Trade Law and Policy 49-66 (with Antoine Martin)
  • ‘Intellectual Property and Free Trade Agreements: A Call to Return to Basics’ (2016) Pandora’s Box 43-53 [invited contribution]
  • ‘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]
  • “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
  • “The Flow-on Effect: How the TPP will re-shape trade relations in Asia” (2015) _ European Yearbook of International Economic Law _ (forthcoming)
  • “Foreign Direct Investment in the Pharmaceutical Industry – What are the Key Determinants? A Case Study of Singapore and Hong Kong” (2015) _ Asian Journal of Comparative Law _ (with Daria Kim)
  • “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

Book Chapters

  • ‘Keep Calm and Carry On: Lessons from the Jurisprudence on Fair and Equitable Treatment and Intellectual Property Rights’ in Christophe Geiger (ed) Research Handbook on Intellectual Property and Investment Law (Edward Elgar, forthcoming 2019)
  • ‘A ban on electronic nicotine delivery systems: step one in the WTO discrimination analysis’ in Lukasz Gruszczynski (ed) The Regulation of E-cigarettes: International, European and National Legal Challenges (Edward Elgar, expected 2019)(with Marina Foltea)
  • ‘Moving toward Liberalization: the ATISA and Beyond’ in Pasha Hsieh and Bryan Mercurio (eds) ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms 85-110 (Cambridge University Press, 2019)
  • ‘ASEAN Law in the New Regional Economic Order: An Introductory Roadmap to the ASEAN Economic Community’ in Pasha Hsieh and Bryan Mercurio (eds) ASEAN Law in the New Regional Economic Order: Global Trends and Shifting Paradigms 3-21 (Cambridge University Press, 2019)
  • ‘Harmonization without Localization: Trendspotting pharmaceutical patent law in recent FTAs’ in Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin (eds) Governing Science and Technology under the International Economic Order: Regulatory Divergence and Convergence in the Age of Megaregionals 318-337 (Edward Elgar, 2018)
  • ‘TPP Promoting Financial Services as an Investment Playground: Crystalizing a Change in Approach from GATS?’ in Julien Chaisse, Henry Gao and Chang-fa Lo (ed) The Trans-Pacific Partnership: A Paradigm Shift in International Trade Regulation? (Springer, 2017) 223-240 (with Antoine Martin)
  • ‘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: Setting the Framework and Exploring Policy Options (Routledge, 2017) 97-122
  • ‘Introduction: A Holistic Approach to Pharmaceutical Patent Law and Policy’ in Bryan Mercurio and Daria Kim (eds) Contemporary Issues in Pharmaceutical Patent Law: Setting the Framework and Exploring Policy Options (Routledge, 2017)(with Daria Kim) 1-6
  • ‘Water is not medicine: the tension between access to water and intellectual property rights in the area of water technologies’ in Julien Chaisse (ed) The Regulation of the Global Water Services Market (Cambridge University Press, 2017) (with Antoine Martin) 112-136
  • ‘Trade in Pharmaceuticals: Patents and Access to Medicines since TRIPS – Some certainty and several lingering questions’ in Julien Chaisse and Tsi-Yu Lin (ed) International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita (Oxford University Press, 2016) 427-444
  • ‘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
  • “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
  • “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

Representative Publications, 2004-2013

  • The Regulation of Services and Intellectual Property (Ashgate Publishing, 2013) (edited with Markus Krajewski)
  • “TRIPs and Access to Essential Medicines” in Denise Prévost and Geert Van Calster (eds) Research Handbook on Environment, Health and the WTO (Edward Elgar, forthcoming 2013)
  • “Awakening the Sleeping Giant: Intellectual Property Rights in International Investment Agreements” (2012) 15(3) Journal of International Economic Law 871-915
  • “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
  • “A Call for an Agreement on Trade-Related Aspects of Labour: Why and how the WTO should play a role in upholding core labour standards” (2012) 37(3) North Carolina Journal of International Law and Commercial Regulation 101-160 (with Renee Chartres)
  • “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
  • “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
  • “Reconceptualising the Debate on Intellectual Property Rights and Economic Development” (2010) 3(1) The Law and Development Review 65-107
  • “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)
  • International Business Law (Oxford University Press, 2009) (with Meredith Kolsky Lewis, Leon Trakman and Bruno Zeller)
  • “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)
  • “Why Compensation Cannot Replace Trade Retaliation in the WTO Dispute Settlement Understanding” (2009) 8(2) World Trade Review 315-338
  • “Growth and Development: Economic and Legal Conditions’ (2007) 30 UNSW Law Journal 437-476
  • “The WTO and its Institutional Impediments’ (2007) 8(1) 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) Northwestern Journal of International Human Rights 1-40
  • “TRIPS-Plus Provisions in Regional Trade Agreements’ in Lorand Bartels and Federico Ortino (eds) Regional Trade Agreements and the WTO Legal System (OUP, 2006) 215-238.
  • WTO Dispute Settlement Understanding: A Detailed Interpretation (Kluwer Law International, 2005) (with Yang Guohua and Li Yongjie)
  • “TRIPs, Patents and Access to Life-Saving Drugs in the Developing World’ (2004) 8 Marquette Intellectual Property Law Review 211-253
  • “Improving Dispute Settlement in the WTO: The DSU Review – Making It Work?’ (2004) 38 Journal of World Trade 795-854