Prof. Bryan MERCURIO
Outstanding Fellow of the Faculty of Law
Tel(852) 3943 1139
Fax(852) 2994 2505

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, Vice Chancellor’s Outstanding Fellow of the Faculty of Law and Associate Dean (Research) at the Chinese University of Hong Kong (CUHK). Prior to joining CUHK, Professor Mercurio was a tenured faculty member at the University of New South Wales (UNSW) and Director of the International Trade and Development Project at the Gilbert + Tobin Centre for Public Law. He has also worked both in government and in private practice and has advised law firms, international organizations, NGOs and several governments on a wide range of international trade and investment matters.

Professor Mercurio’s expertise is in the field of international economic law, with a particular interest in the intersection between trade law and intellectual property rights. His work also frequently deals with free trade agreements, WTO dispute settlement and increasingly international investment law. He is the author of one of the most widely prescribed case books on WTO law (2012 2nd edition, Hart Publishing, with Simon Lester and Arwel Davies) and editor of the leading collection on bilateral and regional trade agreements (Cambridge University Press, 2009, with Simon Lester). He has published articles in all of the leading trade journals (some of his work is available for download at and was awarded of a large grant by the Hong Kong Research Grants Council to investigate the intellectual property regime as it relates to the pharmaceutical industry in Hong Kong with a view to making recommendations for regulatory amendments in line with the needs and priorities of Hong Kong (2013-2015).

Professor Mercurio has taught as a visitor at the Melbourne Law School and Adelaide Law School and held visiting positions at institutions in Asia, Europe and the United States. He is currently a Professorial Visiting Fellow at the UNSW Faculty of Law, Senior Fellow of the Tim Fischer Centre for Global Trade & Finance and Senior Fellow at the Melbourne Law School. Professor Mercurio 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 a Member of the Asian WTO Research Network. Professor Mercurio is on the Editorial or Advisory Board of a number of journals, including the Asian Law Journal, Legal Issues of Economic Integration, The Law and Development Review, International Journal of Technoethics and Revista de Derecho Económico Internacional.

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 2009


  • International Economic Law after the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, forthcoming 2014) (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)
  • World Trade Law: Text, Materials and Commentary (2nd edition, Hart Publishing, 2012)(with Simon Lester and Arwel Davies)
  • International Business Law (Oxford University Press, 2009) (with Meredith Kolsky Lewis, Leon Trakman and Bruno Zeller)
  • Bilateral and Regional Trade Agreements: Commentary and Analysis (Cambridge University Press, 2009)(edited with Simon Lester)
  • Bilateral and Regional Trade Agreements: Case Studies (Cambridge University Press, 2009)(edited with Simon Lester)

Book Chapters

  • “The Anti-Counterfeiting Trade Agreement, Less Harmonization, Further Fragmentation” in CL Lim and Bryan Mercurio (ed) International Economic Law after the Global Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, forthcoming 2014)
  • “Public health law – case study: plain packaging” in Sian Griffiths (ed) Routledge Handbook on Global Public Health in South/East Asia (Routledge, forthcoming 2014)
  • “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 (Cambridge University Press, forthcoming 2013)
  • ”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)
  • “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
  • “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
  • “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) Democracy and Punishment: International Perspectives on Criminal Disenfranchisement (Cambridge University Press, 2009) (with Ronni Redman and David Brown) 167-204
  • “Intellectual Property’ in Simon Lester and Bryan Mercurio (eds) Bilateral and Regional Trade Agreements: Analysis and Commentary (Cambridge University Press, 2009) (with Michael Handler) 308-341
  • “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

Journal Articles

  • “International Investment Agreements and Public Health: Neutralizing a Threat through Treaty Drafting” (2014) __ Bulletin of the World Health Organization __ (forthcoming, 3000 words)
  • “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
  • “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
  • “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)
  • “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
    • 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 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)
  • “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)
  • “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
  • “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
  • “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
  • “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)
  • “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)
  • “Reflections on the WTO and the Prospects for its Future” (2009) 10(1) Melbourne Journal of International Law 49-57
  • “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

Representative Publications, 2004-2008

  • ”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)
  • “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)
  • “Electoral Law: Free and Fair?’ (2004) 32 Federal Law Review 365-395 (with George Williams)
  • “TRIPs, Patents and Access to Life-Saving Drugs in the Developing World’ (2004) 8 Marquette Intellectual Property Law Review 211-253
  • Realising Democracy: Electoral Law in Australia (Federation Press, Sydney) (2003) (edited with Graeme Orr and George Williams)
  • “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