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Professor, Faculty of Law

Prof. MERCURIO Bryan

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(852) 3943 1139

(852) 2994 2505

b.mercurio@cuhk.edu.hk

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 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.

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, WTO dispute settlement and increasingly international investment law. He is the author of one 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, including the Journal of International Economic Law, World Trade Review and Journal of World Trade, and well-regarded specialist international law journals such as the International and Comparative Law Quarterly and the Melbourne Journal of International Law. Some of his work is available for download at http://ssrn.com/author=346439.

Professor Mercurio has taught as a visitor at the Melbourne Law School and Adelaide Law School and held visiting positions at the Groupe d’Economie Mondiale at Institut d'Études Politiques de Paris (SciencesPo), the Center for International and Comparative Law at St. Louis University School of Law, The George Washington University Law School, the Institute for International Economic Law at the Georgetown University Law Center and the National University of Singapore. He is currently a Professorial Visiting Fellow at the UNSW Faculty of Law, Senior Fellow of the Tim Fischer Centre for Global Trade & Finance, Visiting Fellow at the Melbourne Law School; Member of the founding committee and Executive Board of the Society of International Economic Law (SIEL), founding member of the SIEL Intellectual Property Law Network, founding member of the Asian International Economic Law Network and 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, The Law and Development Review, International Journal of Technoethics and Revista de Derecho Económico Internacional. He was also once named the ‘capitalist pig of the month’ by the Australian Communist Party.

Education and Professional Qualifications

LLM in International Law, 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

Books

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

"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

"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