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Professor, Faculty of Law

Prof. MERCURIO Bryan

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Fax:

Email:

Office:

(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 a Professor and Associate Dean (Research) at the Faculty of Law at The Chinese University of Hong Kong. Professor Mercurio is a specialist in international economic law, with particular expertise in WTO law, free trade agreements and the intersection between international trade and intellectual property law. Author of six books and approximately forty journal articles and book chapters, including one of the leading textbooks on WTO Law, Professor Mercurio’s work is extensively cited by academicians, governments and international organizations. Professor Mercurio has also advised law firms, international organizations, NGOs and Members of both the Australian and New Zealand parliament on wide range of matters.

Professor Mercurio is also an expert on electoral law, with the focus of much of his research on voting technologies and free & fair elections. His work and submissions have been cited with approval by Australian courts (including the High Court) and several Australian Parliamentary Committees. He has been also appeared as an expert witness in a number of cases.

Prior to relocating to Hong Kong in 2007, Professor Mercurio spent five years at The University of New South Wales, Faculty of Law, where he was the Director of the International Trade and Development Project at the Gilbert + Tobin Centre of Public Law. Professor Mercurio has 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 at the National University of Singapore. Prior to entering academia, Professor Mercurio worked in both the public and private sector and practiced international commercial law and international trade law in Australia. He is currently a Senior Fellow of the Tim Fischer Centre for Global Trade & Finance (Bond University), Member of the Founding Committee and Executive Board of the Society of International Economic Law, founding member of the Asian International Economic Law Network and an Associate Member of the Asian WTO Research Network.

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
Intellectual property
Public law

Representative Publications

Publications since 2009

Books

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

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

"A Precautionary Approach to Decision Making: The Evolving Jurisprudence on Article 5.7 of the SPS Agreement’ (2010) 2(2) Trade, Law and Development ____ (forthcoming)
"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

World Trade Law: Text, Materials and Commentary (Hart Publishing, March 2008) (with Simon Lester)
"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