gonzalo villalta puig...- review by michael longo in (2014) 40(2) monash university law review...
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GONZALO VILLALTA PUIG
Head of the School of Law and Politics
Professor of Law and The University of Hull Chair in the Law of Economic Integration
School of Law and Politics
Faculty of Business, Law and Politics
The University of Hull
Professor Gonzalo Villalta Puig is Head of the School of Law and Politics and Professor of
Law at The University of Hull. He is the inaugural holder of The University of Hull
established Chair in the Law of Economic Integration for his research into the
constitutionalisation of free trade in international and supranational, regional and cross-
regional, non-unitary market jurisdictions. He was formerly Professor of Law and
Outstanding Fellow of the Faculty of Law at The Chinese University of Hong Kong, which
he served as Associate Dean (Research).
Professor Villalta Puig is a Fellow of the European Law Institute, an Overseas Fellow of the
Australian Academy of Law and an Associate Member of the International Academy of
Comparative Law. He chairs the International Association of Constitutional Law’s Research
Group for Constitutional Studies of Free Trade and Political Economy and is Associate Editor
of the Global Journal of Comparative Law (Brill Nijhoff). He is a member of the Committee
on the Procedure of International Courts and Tribunals of the International Law Association.
Professor Villalta Puig serves on the Council of The University Hull and is a member of the
Executive Committee of The Committee of Heads of UK Law Schools.
RESEARCH OUTPUTS
MONOGRAPHS AND OTHER BOOKS
1. Economic Relations between Australia and the European Union: Law and Policy (Alphen
aan den Rijn: Kluwer Law International, 2014) i-xxxviii, 1-341 (ISBN 9789041134059).
- Foreword by The Rt Hon Mike Moore ONZ, former Prime Minister of New Zealand
and former Director-General of the World Trade Organization.
- Foreword by HE Mr Duncan Lewis AO DSC CSC, Ambassador of Australia to the
European Union.
- Foreword by HE Mr Sem Fabrizi, Ambassador and Head of Delegation of the
European Union to Australia.
- Endorsement by The Rt Hon The Lord Brittan of Spennithorne QC DL, former Home
Secretary of the United Kingdom and former Vice-President of the European
Commission.
- Endorsement by The Hon Michael Kirby AC CMG, a former Justice of the High
Court of Australia.
- Endorsement by Ms Marjut Hannonen of the Cabinet of the European Commissioner
for Trade – Geographic Attributions: Australia and New Zealand, European
Commission.
- Endorsement by Dr Peter Bekx, Director, International Economic and Financial
Relations and Global Governance, Directorate-General for Economic and Financial
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Affairs, European Commission.
- Review in (2014) 51(5) Common Market Law Review 1570.
- Review in Christoph Herrmann, Markus Krajewski and Jörg Philipp Terhechte (eds),
European Yearbook of International Economic Law 2015 (New York: Springer
Publishing, 2015), 447.
- Review by Felicity Ng in (2014) 20(4) European Public Law 802-804.
- Review by Nathan Tamblyn in (2014) 19(4) European Foreign Affairs Review 602-
605.
- Review by Gordon Walker in (2014) 68(4) Australian Journal of International Affairs
(Australian Outlook: Reading Room)
<http://www.internationalaffairs.org.au/australian_outlook/economic-relations-
between-australia-and-the-european-union-law-and-policy/>.
- Review by Michael Longo in (2014) 40(2) Monash University Law Review 588-591.
- Review by Eugenia López-Jacoiste in [2014] 30 Anuario Español de Derecho
Internacional 560-563.
- Review by Christina Mardapitta and Georgios A Andreou in (2014) 67(2) Revue
hellénique de droit international 1232-1235.
- Review by Rostam J Neuwirth in (2015) 40(4) European Law Review 628-631.
- Review by Roshan Chaile in (2015) 42(4) Legal Issues of Economic Integration 411-
413.
- Review by Ohiocheoya Omiunu in (2015) 21(4) International Trade Law and
Regulation 131-132.
- Review by Bruno Zeller in (2015) 40(1) The University of Western Australia Law
Review 412-414.
- Review in [2016] 62 INTA Newsletter: Newsletter of the European Parliament
Committee on International Trade 10.
2. Editor, Boundaries of Commercial and Trade Law (Munich: Sellier European Law
Publishers, 2011) i-ix, 1-204 (ISBN 9783866539198) (with Christian Twigg-Flesner).
- Review by Thorsten Beyerlein in (2012) 103(5) Mitteilungen der deutschen
Patentanwälte 248.
- Review in [2012] 2 Nederlands Tijdschrift voor Burgerlijk Recht 21.
3. The High Court of Australia and Section 92 of the Australian Constitution (Sydney:
Thomson Lawbook Co, 2008) i-xxv, 1-278 (ISBN 9780455225982).
- Foreword by The Hon Michael Kirby AC CMG, a Justice of the High Court of
Australia.
- Book launch by The Hon Michael Kirby AC CMG, a Justice of the High Court of
Australia (Melbourne, 21 August 2008).
- Endorsement by Dr David Bennett AC QC, Solicitor-General of the Commonwealth
of Australia.
- Endorsement by The Hon David K Malcolm AC QC KCJS, a former Chief Justice of
Western Australia.
- Endorsement by The Hon Justice Stephen McLeish, a Judge of the Court of Appeal,
Supreme Court of Victoria.
- Endorsement by Dr Gareth Grainger, a Commissioner of the Australian Industrial
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Relations Commission (Fair Work Commission).
- Endorsement by Prof Greg Craven, Vice-Chancellor of the Australian Catholic
University.
4. Principles of Personal Property Securities and the Law of Sale (2nd ed, Sydney: Pearson
Education Australia, 2007) i-vi, 1-249 (ISBN 9780733993244).
5. Editor, Rights Protection in the Age of Global Anti-Terrorism (Sydney: The Federation
Press, 2007) 1-130 (ISBN 9781862876651) (with Jianfu Chen and Gordon Walker).
6. Principles of Personal Property Securities and the Law of Sale (1st ed, Sydney: Pearson
Education Australia, 2006) (ISBN 9780733983788).
7. Banking and Finance Law (Sydney: Lawbook Co, 2005) i-x, 1-142 (ISBN 0455222045).
CHAPTERS IN EDITED BOOKS
8. ‘Free Trade as an Australian Constitutional Value: A Functionalist Approach to the
Interpretation of the Economic Constitution of Australia’ in Rosalind Dixon (ed),
Australian Constitutional Values (Oxford: Hart Publishing, 2018) 287-304 (ISBN
9781509918409) (with a foreword by Sir Anthony Mason).
9. ‘Extraterritoriality and the Rule of Law in the Treaty Ports: The Malay Murder Trials of
the British Supreme Court for China and Japan’ in Donna Brunero and Stephanie Villalta
Puig (eds), Life in Treaty Port China and Japan (Singapore: Palgrave Macmillan, 2018)
175-184 (ISBN 9789811073670).
10. ‘Constitutional Developments’ in Fanny M Chung and Stephen WK Chiu (eds), Twenty
Years of the Hong Kong Special Administrative Region (香港特區二十年) (Hong Kong:
The Chinese University Press, 2017) 17-38 (ISBN 9789624416060) (with Patrick Jiang)
(in Chinese).
11. ‘Freedom of Trade and Commerce’ in Rainer Grote, Frauke Lachenmann and Rüdiger
Wolfrum (eds), Max Planck Encyclopedia of Comparative Constitutional Law (Oxford:
Oxford University Press, 2017).
12. ‘Spanish Constitution of 1812’ in Rainer Grote, Frauke Lachenmann and Rüdiger
Wolfrum (eds), Max Planck Encyclopedia of Comparative Constitutional Law (Oxford:
Oxford University Press, 2017).
13. ‘Unimpeded Trade? The Significance of Free Trade Areas to the Belt and Road Initiative
of the People’s Republic of China’ in Lutz-Christian Wolff and Chao Xi (eds), Legal
Dimensions of China’s Belt and Road Initiative (Hong Kong: Wolters Kluwer Law &
Business, 2016) 103-138 (ISBN 9789887741206).
14. ‘Agricultural Trade and Economic Development: Contradictions and Incongruities
between Law and Policy’ in David A Deese (ed), Handbook of the International Political
Economy of Trade (Cheltenham: Edward Elgar Publishing, 2014) 174-198 (ISBN
9781781954980) (with Erik Mitbrodt).
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15. ‘Ungovernable Spain: Regional Subsidiarity and the Crisis of Local Governance’ in Carlo
Panara and Michael Varney (eds), Local Government in Europe: The ‘Fourth Level’ in the
EU Multilayered System of Governance (Oxford: Routledge, 2013) 277-304 (ISBN
9780415580007).
16. ‘The Boundaries of the Free Trade Jurisprudence of the High Court of Australia: The Cole
v Whitfield Test of Section 92 of the Australian Constitution’ in Christian Twigg-Flesner
and Gonzalo Villalta Puig (eds), Boundaries of Commercial and Trade Law (Munich:
Sellier European Law Publishers, 2011) 75-101 (ISBN 9783866539198).
17. ‘Introduction: The Boundaries of Commercial Law’ in Christian Twigg-Flesner and
Gonzalo Villalta Puig (eds), Boundaries of Commercial and Trade Law (Munich: Sellier
European Law Publishers, 2011) 1-20 (ISBN 9783866539198) (with Christian Twigg-
Flesner).
18. ‘The Human Face in Legal Globalisation: Tensions and Contradictions’ in Jianfu Chen,
Gonzalo Villalta Puig and Gordon Walker (eds), Rights Protection in the Age of Global
Anti-Terrorism (Sydney: The Federation Press, 2007) 1-10 (ISBN 9781862876651) (with
Jianfu Chen and Gordon Walker).
19. ‘A Critique of the Social Construction of Reality: Phenomenological Sociology in
Review’ in Frances Lovejoy and Lester Adorjánÿ (eds), New Sociology: Awareness,
Analysis, Advocacy (Sydney: UNSW Press, 2002) 154-158 (ISBN 0909693021).
JOURNAL ARTICLES
20. ‘Drivers and Difficulties in the Economic Relationship between Australia and the
European Union: from Conflict to Cooperation’ (2018) 72(3) Australian Journal of
International Affairs 240-254.
21. ‘Preferential Trade Agreements and the World Trade Organization: Developments to the
Dispute Settlement Understanding’ (2017) 44(3) Legal Issues of Economic Integration
237-264 (with Adam Hyams).
22. ‘China (Shanghai) Pilot Free Trade Zone Investor-State Dispute Settlement: An Uncertain
Experiment’ (2017) 18(4) The Journal of World Investment & Trade 673-711 (with
Sabrina Leung Tsam Tai).
23. ‘Challenges and Opportunities of the China – Gulf Cooperation Council Free Trade
Agreement’ (2017) 40(1) Hastings International and Comparative Law Review 123-158
(with Alice Tung Ho Yee).
24. ‘Free Trade as a Force of Political Stability? The Case of Mainland China and Hong
Kong’ (2016) 49(3) The International Lawyer 299-323 (with Vinci Chan).
25. ‘Chinese Approaches to the Freedom of Form under the United Nations Convention on
Contracts for the International Sale of Goods’ (2016) 20(1) The Vindobona Journal of
International Commercial Law and Arbitration 95-112 (with Cathie Wong).
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26. ‘The Need for a Trade and Investment Agreement between Australia and the EU’ (2016)
22(3) International Trade Law and Regulation 61-63.
27. ‘Nature and Enforceability of WTO-plus SPS and TBT Provisions in Canada’s PTAs:
From NAFTA to CETA’ (2016) 15(1) World Trade Review 51-83 (with Eric D Dalke).
28. ‘Problems with the ASEAN Free Trade Area Dispute Settlement Mechanism and
Solutions for the ASEAN Economic Community’ (2015) 49(2) Journal of World Trade
277-308 (with Lee Tsun Tat).
29. ‘The Constitutionalisation of Free Trade by the High Court of Australia and the Court of
Justice of the European Union’ (2014) 3(1) Global Journal of Comparative Law 34-49
(with The Hon Chief Justice Susan Kiefel AC of the High Court of Australia).
30. ‘A Quasi-adjudicative Dispute Settlement Mechanism for CEPA: The Rule of Law in
Trade Relations between Mainland China and Hong Kong’ (2013) 12(2) Chinese Journal
of International Law 281-320.
31. ‘The Protection of Minority Shareholders in the Gulf Cooperation Council’ (2013) 13(1)
Journal of Corporate Law Studies 123-149 (with Bader Al-Haddab).
32. ‘Betfair and Sportsbet: The Remains of the Federal Purpose of s 92 of the Australian
Constitution’ (2013) 87(3) Australian Law Journal 178-199.
33. ‘Fiscal Constitutionalism and Fiscal Culture: A Comparative Study of the Balanced-
Budget Rule in the Spanish Constitution and the Hong Kong Basic Law’ (2013) 43(1)
Hong Kong Law Journal 5-53.
34. ‘La constitucionalización del principio de equilibrio presupuestario: un análisis de
Derecho comparado’ (2012) 86(2) Revista de las Cortes Generales 175-206.
35. ‘The Economic and Monetary Union of the Gulf Cooperation Council’ (2012) 46(1)
Journal of World Trade 121-154 (with Amer Al-Khodiry).
36. ‘The Misalignment of Commercial Law and Commercial Practice’ [2012] 2 Lloyd’s
Maritime and Commercial Law Quarterly 317-336.
37. ‘Trade and Investment Relations between the European Union and Australia: For a
Bilateral Economic Integration Agreement’ (2012) 17(2) European Foreign Affairs
Review 213-240.
38. ‘The Negotiability of Money Market Securities and Information and Communications
Technology: A Call for the Dematerialisation of Bills of Exchange and Promissory Notes’
(2012) 1(2) International Journal of Technology Policy and Law 205-216.
39. ‘Editorial’ (2012) 1(1) Global Journal of Comparative Law 3-5 (with Francis Botchway
et al).
40. ‘The Common Commercial Policy after Lisbon: An Analysis of the Reforms’ (2011)
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36(2) European Law Review 289-301 (with Bader Al-Haddab).
41. ‘Intercolonial Free Trade: The Drafting History of Section 92 of the Australian
Constitution’ (2011) 30(2) University of Tasmania Law Review 1-20.
42. ‘The Transparency Deficit of Dispute Settlement in the World Trade Organization’ (2011)
8(1) Manchester Journal of International Economic Law 2-17 (with Bader Al-Haddab).
43. ‘Chapter III Courts and the Principle of Institutional Integrity: A Critique of Kirby J in
Fardon v Attorney-General (Queensland)’ (2011) 13(2) Constitutional Law and Policy
Review 33-38 (with Roshan Chaile).
44. ‘Regional Trade Agreements and the Neo-Colonialism of the United States of America
and the European Union: A Review of the Principle of Competitive Imperialism’ (2011)
32(3) Liverpool Law Review 225-235 (with Omiunu Ohiocheoya).
45. ‘The Constitutionalisation of Free Trade in the Gulf Cooperation Council’ (2011) 25(3)
Arab Law Quarterly 311-324 (with Bader Al-Haddab).
46. ‘The Common Commercial Policy under the Treaty of Lisbon: The Functionality of
Exclusivity’ [2011] 8 European Current Law ix-xv (reprint).
47. ‘European Union Excise Duties and Section 90 of the Australian Constitution’ (2010)
16(5) European Law Journal 658-684 (with Roshan Chaile).
48. ‘“Ignite A New Era of Global Economic Growth through Free Markets and Free Trade”:
The Rejection of Multilateral Trade Liberalization by the National Security Strategy of
the United States (2002 – 2006)’ (2010) 16(4) International Trade Law and Regulation
96-110 (with Georgios Andreou Avgousti).
49. ‘For a Narrow Interpretation of Section 90 of the Australian Constitution: The Excise
Duty System as a Guarantee of Free Trade in an Internal Market’ (2010) 29(2) The
University of Queensland Law Journal 319-333 (with Roshan Chaile).
50. ‘To the Advancement of Thy Glory? A Constitutional and Policy Critique of
Parliamentary Prayers’ (2009) 20(1) Public Law Review 56-78 (with Steven Tudor).
51. ‘Section 92 since Betfair Pty Ltd v Western Australia’ (2009) 11(4) Constitutional Law
and Policy Review 152-160.
52. ‘The Significance of the Free Trade Jurisprudence of the Court of Justice of the European
Union to the Constitutional Development of the Australian Single Market’ (2009) 16(1/2)
The Irish Journal of European Law 131-158.
53. ‘The Development of European Union Implied External Competence: The Court of
Justice and Opinion 1/03’ [2009] 25 Anuario Español de Derecho Internacional 501-519
(with Cédric Darcis).
54. ‘EU Public Contracts: Improving Award Review Procedures’ (2009) 6(6) International
Government Contractor 1-6 (with Donald P Arnavas).
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55. ‘Parliamentary Prayers and Section 116 of the Australian Constitution’ [2009] 51 Papers
on Parliament 71-84.
56. ‘The Constitutionality of National Port Regulation’ (2008) 82(11) Australian Law Journal
789-807 (with Michael Woods).
57. ‘Legal Ethics in Australian Law Schools’ (2008) 42(1) The Law Teacher: The
International Journal of Legal Education 29-59.
58. ‘A European Saving Test for Section 92 of the Australian Constitution’ (2008) 13(1)
Deakin Law Review 99-129.
59. ‘Legal Ethics in Legal Education: A Review and Critique of Anglo-American Approaches
and Methods’ (2008) 6(1) Journal of Commonwealth Law and Legal Education 5-17.
60. ‘Unethical Conduct in the Performance of International Government Contracts: AWB Ltd
and the United Nations Oil-For-Food Programme’ (2007) 37(1) Public Contract Law
Journal 59-66.
61. ‘An Australian Test for Article 301 of the Indian Constitution’ [2007] 14 James Cook
University Law Review 115-128.
62. ‘Constitutionality of WorkChoices’ (2006) 44(1) Law Society Journal 64-67.
63. ‘Why the European Union Needs a True Constitution’ [2006] 8 University of Notre Dame
Australia Law Review 65-80.
64. ‘WorkChoices: The Constitutionality of a National Workplace Relations System’ (2005)
1(3) High Court Quarterly Review 159-172.
65. ‘Europe’s Democratic Deficit’ [March 2004] EU Review: Delegations of the European
Commission to Australia and New Zealand 6.
66. ‘Keeping Secrets in the Public Service’ (2004) 1(2) Privacy Law Bulletin 33-34 (with
Paul Armarego).
67. ‘Shifting Paradigms: From a Modern to a Post-Modern Sociology of the Construction of
the Subject’ (2003) 15(1) Nexus: Newsletter of The Australian Sociological Association
12-13.
68. ‘Eliminating Political and Administrative Corruption’ [2002] 104 Canberra Bulletin of
Public Administration 46-49.
69. ‘Dents Appear in the Shield of the Crown’ (2002) 40(7) Law Society Journal 70-72.
70. ‘The Socialist Objective: Should it Go?’ (2002) 2(4) The Evatt Journal 1-5 (with George
Campbell and Paul Smith).
71. ‘A Fabian Critique of Marxist Theories of Law’ (2002) 42(1) The Fabian Newsletter 7-8.
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72. ‘Parliamentary versus Presidential Government’ (2002) 74(5) Australian Quarterly:
Journal of Contemporary Analysis 9-11.
73. ‘GST Consequences of Out-of-Court Settlements’ [2001] 181 Ethos 13-15.
74. ‘Free Movement of Goods: The European Experience in the Australian Context’ (2001)
75(10) Australian Law Journal 639-652.
75. ‘When Global Highways Intersect Local Laws: Defamation via the Internet – Dow Jones
& Company Inc v Gutnick [2002] HCA 56’ (2001) 12(2) Journal of Law and Information
Science 271-281 (with Eugene Clark).
76. ‘Electronic Bills of Exchange and Promissory Notes: The Desirability and Feasibility of
Legislation’ (2000) 16(4) Australian Banking and Finance Law Bulletin 67-71.
77. ‘A Two-Edged Sword: Salomon and the Separate Legal Entity Doctrine’ (2000) 7(3)
Murdoch University Law Review
<http://www.murdoch.edu.au/elaw/issues/v7n3/puig73a.html>.
78. ‘The Insufficiency of Legal Redress against the Decisions of the Australian Stock
Exchange’ [2000] 18 Company and Securities Law Journal 516-520.
79. ‘Does Europe need a Constitution?’ [1998] 22 Review of the Contemporary European
Studies Association of Australia (Australian and New Zealand Journal of European
Studies) 26-35.
WORKING PAPERS
80. ‘The Historical Significance of the Chinese Interpretation of the Freedom of Form
Reservation under the United Nations Convention on Contracts for the International Sale
of Goods to the Rule of Law and Good Governance’ (Working Paper for Incheon Trade
Law Digest, United Nations Commission on International Trade Law – Regional Centre
for Asia and the Pacific, 2015) (with Cathie Wong).
81. ‘The Constitutionalisation of Free Trade in Federal Jurisdictions’ (Working Paper No
RS4/2011, Centre for Political and Constitutional Studies – Cabinet Office, Government
of Spain, 2011) 1-21.
82. ‘The European Constitution: Past and Future’ (Working Paper No 115, Centre for
European Studies – Australian National University, 2003) 1-9.
CONSULTANCY REPORTS
83. ‘Investment Protection and Investor-to-State Dispute Settlement in European Union Trade
and Investment Agreements’ in Capacity Building on Specific Aspects of New Generation
Free Trade Agreements (including the European Union – Vietnam Free Trade Agreement)
– European Trade Policy and Investment Support Project (Delegation of the European
Union to Vietnam: European Commission, 2014).
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84. ‘Standards and Technical Regulations: An Important Part of the FTA’s Effectiveness’ in
Paul Armarego (ed), Clayton Utz: United States – Australia Free Trade Agreement Report
(2004) 7 (with Paul Armarego).
85. ‘Issuing Commonwealth Indemnities’ [August 2002] Clayton Utz: Projects Issues 7 (with
Paul Armarego and Richard Morrison).
GOVERNMENT SUBMISSIONS
86. Submission to the Directorate General for Trade, European Commission, Public
Consultation on the Future of European Union – Australia and European Union – New
Zealand Trade and Economic Relations, 3 May 2016.
87. ‘A Knowledge Economy for Australia through a Trade and Investment Agreement with
the European Union: For the Bilateral Liberalization of Trade in Services and Foreign
Investment in Services Supply’, Submission to the Department of Foreign Affairs and
Trade, Australian Government, Australia – European Union Free Trade Agreement, 15
February 2016
<http://dfat.gov.au/trade/agreements/aeufta/submissions/Pages/submissions.aspx>.
88. ‘Border Barriers and Behind the Border Barriers in the Australia – European Union Trade
and Investment Relationship’, Submission to the Department of Foreign Affairs and
Trade, Australian Government, Australia – European Union Free Trade Agreement, 3
February 2016 (with Bruno Zeller)
<http://dfat.gov.au/trade/agreements/aeufta/submissions/Pages/submissions.aspx>.
SCHOLARLY REPORTS
89. ‘Constitutionalization’ in Peter-Tobias Stoll and Andreas Ziegler (Co-Chairs) with
Cristián Delpiano and Freya Baetens (Co-Rapporteurs), Report of the Study Group on
Preferential Trade and Investment Agreements to the 77th Conference of the International
Law Association, Johannesburg, 7 August 2016, 72-76.
BOOK REVIEWS
90. Yee-Fui Ng, Ministerial Advisers in Australia: The Modern Legal Context (2016) 42(2)
Monash University Law Review 521-527.
91. Eugenia López-Jacoiste Díaz, El Banco Mundial, el Fondo Monetario Internacional y los
Derechos Humanos (2015) 4(1) Global Journal of Comparative Law 139-142.
92. Ernst-Ulrich Petersmann, International Economic Law in the 21st Century: Constitutional
Pluralism and Multilevel Governance of Interdependent Public Goods (2013) 26(4)
Leiden Journal of International Law 1059-1061.
93. Alan Dashwood and Marc Maresceau (eds), Law and Practice of EU External Relations:
Salient Features of a Changing Landscape (2010) 16(1) European Public Law 165-168.
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94. Agasha Mugasha, The Law of Letters of Credit and Bank Guarantees [2003] 189 Ethos
25-26.
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NEWSPAPER ARTICLES
95. ‘Logistics Industry Should Accept Qianhai’s Invitation’, China Daily (Hong Kong), 15
September 2016, Comment 7 (with Lauren Deutsch)
<http://www.chinadaily.com.cn/regional/2016-09/15/content_26814615.htm>.
96. ‘Building the Best Belt & Road Network’, China Daily (Hong Kong), 20 June 2016,
Comment 11 <http://www.chinadailyasia.com/opinion/2016-
06/20/content_15450879.html >.
97. ‘Deficit Limit is Spain’s Pledge on Fiscal Prudence’, South China Morning Post (Hong
Kong), 9 September 2011, Insight A15.
98. ‘A Fair Go Is the Way to Go: Fairness in Tendering and Good Faith Contracting’, The
Canberra Times (Canberra), 4 March 2003, 6 (The Public Sector Informant) (with Paul
Armarego).
KEYNOTE PAPERS AND PUBLIC LECTURES
99. ‘The European Union – Australia Relationship’ (Keynote paper presented at the European
Union – Australia Emerging Leaders’ Forum, Sydney, 2 June 2017) (by nomination from
the European Commission).
100. ‘Strong but Difficult: An Assessment of the Economic Relationship between Australia
and the European Union’ (Public lecture presented at The University of Melbourne,
Melbourne, 16 November 2015). Respondents: HE Mr Sem Fabrizi, Ambassador and
Head of Delegation of the European Union to Australia; Mr Ric Wells, Deputy Secretary,
Department of Foreign Affairs and Trade, Australian Government.
101. ‘Harmonising Commercial Law and Commercial Norms’ (Keynote paper presented at
the 2014 Annual International Conference on Law, Policy and Social Justice:
‘Harmonising Law and Social Norms’, Penang, 10 September 2014).
CONFERENCE PAPERS
102. ‘A Historical Approach to the Prospective Bilateral Free Trade Agreement’ (Paper
presented at the European Centre for International Political Economy and The University
of Adelaide European Union Centre for Global Affairs Workshop on the Australia –
European Union Free Trade Agreement: ‘Understanding the Potential Benefits of Free
Trade’, Brussels, 6 July 2017).
103. ‘The Construction of a Federal Market for Australia’ (Paper presented at the
Hungarian Academy of Sciences Conference on Free Trade, Public Interest and Reality:
‘New Generation Free Trade Agreements and National Regulatory Sovereignty’, Szeged,
4 May 2017).
104. ‘Belt and Road FTAs’ (Paper presented at The Chinese University of Hong Kong’s
Symposium on Legal Aspects of the Belt and Road Initiative, Hong Kong, 5 November
2016).
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105. ‘Renewable Energy Goods in International Trade Law’ (Paper presented at the 5th
Biennial Global Conference of the Society of International Economic Law, Johannesburg,
8 July 2016) (with Mandy Fang).
106. ‘Free Trade as a Force of Political Stability? The Case of Mainland China and Hong
Kong’ (Paper presented at 13th Asian Law Institute Conference, Beijing, 19 May 2016).
107. ‘For a Trade and Investment Agreement between Australia and the European Union’
(Paper presented at the Faculty of Arts and European Union Centre on Shared Complex
Challenges of The University of Melbourne’s National Symposium on Australia’s
Relationship with the European Union: Towards a New Framework for Cooperation,
Melbourne, 17 November 2015).
108. ‘WTO-plus SPS and TBT Provisions in Canada’s PTAs: From NAFTA to CETA’
(Paper presented at the 44th Annual Conference of the Canadian Council on International
Law, Ottawa, 5 November 2015).
109. ‘Linkages and Controversies in New Generation Trade and Investment Agreements’
(Paper presented at the 25th Annual Conference of the Inter-Pacific Bar Association, Hong
Kong, 7 May 2015).
110. ‘Dispute Settlement in the ASEAN Free Trade Area: A Case for Arbitration’ (Paper
presented at the United Nations Commission on International Trade Law Asia-Pacific
2014 Fall Conference, Macau, 18 October 2014).
111. ‘Fiscal Constitutionalism and Fiscal Culture: Rethinking the Boundaries of
Constitutional Law as an Instrument of Fiscal Governance’ (Paper presented at the
Inaugural Annual Conference of The International Society of Public Law, Florence, 27
June 2014).
112. ‘Constitutional Courts and the Constitutionalisation of Free Trade’ (Paper presented at
the IXth World Congress of the International Association of Constitutional Law, Oslo, 17
June 2014).
113. ‘Regional Subsidiarity and the Crisis of Local Governance: Spain and the European
Union’ (Paper presented at the 43rd Annual Conference of the University Association for
Contemporary European Studies, Leeds, 2 September 2013).
114. ‘Chinese Approaches to Trade Dispute Settlement: Rule of Power or Rule of Law’
(Paper presented at the 8th International Convention of Asia Scholars, Macau, 25 June
2013).
115. ‘Trade and Investment Relations between the European Union and Australia:
Challenges and Opportunities for Interregional Economic Integration with the Asia-
Pacific’ (Paper presented at the 3rd Annual Conference of the International Association for
Asia-Pacific Studies, Hong Kong, 24 November 2012).
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116. ‘The Significance of Dispute Resolution to the Constitutionalisation of Free Trade
between the People’s Republic of China and its Special Administrative Region of Hong
Kong’ (Paper presented at the 3rd Biennial Global Conference of the Society of
International Economic Law, Singapore, 14 July 2012).
117. ‘The Hong Kong Basic Law and the Balanced Budget Amendment to the Spanish
Constitution’ (Paper presented at the 4th Asian Constitutional Law Forum, Hong Kong, 16
December 2011).
118. ‘A Free Trade Agreement with Europe?’ (Paper presented at the 32nd International
Trade Law Symposium of the Law Council of Australia with the Attorney-General’s
Department and the Department of Foreign Affairs and Trade (Australian Government),
Canberra, 23 September 2011).
119. ‘The Significance of the Free Trade Jurisprudence of the European Court of Justice to
Constitutional Development of the Australian Political Economy’ (Paper presented at the
Centenary Conference of The Society of Legal Scholars, Keele, 8 September 2009).
120. ‘Pervasive Ethics-as-Judgment Teaching: Putting Theory into Practice’ (Paper
presented at the 3rd International Legal Ethics Conference, Gold Coast, 15 July 2008).
121. ‘The Constitutionality of Parliamentary Prayers’ (Paper presented at the 63rd Annual
Conference of the Australasian Law Teachers Association, Cairns, 8 July 2008).
122. ‘Abridged Proportionality in Australian Constitutional Review: A Doctrinal Critique
of the Cole v Whitfield Saving Test for Section 92 of the Australian Constitution’ (Paper
presented at the VIIth World Congress of the International Association of Constitutional
Law, Athens, 14 June 2007).
123. ‘The Australian Short-Term Money Market and the Question of Legislation for the
Dematerialisation of Bills of Exchange and Promissory Notes’ (Paper presented at the 14th
Global Finance Conference, Melbourne, 3 April 2007).
124. ‘Freedom of Trade, Commerce and Intercourse within the Territory of India: An
Australian Constitutional Update’ (Paper presented at the 3rd Annual Conference of the
Asian Law Institute, Shanghai, 25 May 2006).
125. ‘The Corporations Power and a National Workplace Relations System’ (Paper
presented at the 2006 Annual Conference of the Corporate Law Teachers Association,
Brisbane, 6 February 2006).
126. ‘Non, Nr, No! Why Europe Cannot Say No to its Constitution?’ (Paper presented at
the International Conference of the Contemporary Europe Research Centre – University
of Melbourne: ‘A Bitter Triumph? The Crisis of the European Project in the Aftermath of
Enlargement,’ Melbourne, 1 December 2005).
127. ‘Free Trade and the Constitution in the European Union and Australia’ (Paper
presented at the International Conference of the Centre for European Studies – Australian
National University: ‘Shifting Boundaries of Sovereignty: Government and Legitimacy in
the European Union and Australia’, Canberra, 24 March 2005).
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128. ‘Michael Oakeshott’s Critique of Rationalism in Politics: A Counter-Critique’ (Paper
presented at the Jubilee Conference of the Australasian Political Studies Association,
Canberra, 3 October 2002).
129. ‘A Critique of the Social Construction of Reality: Phenomenological Sociology in
Review’ (Paper presented at the 2002 Sociology Conference of The University of New
South Wales, Sydney, 21 September 2002).
130. ‘Into a Post-Modern Account of the Social Construction of the Subject: From Marcuse
and Bourdieu to Foucault and Baudrillard’ (Paper presented at the 2002 Annual
Conference of The Australian Sociological Association, Brisbane, 6 July 2002).
SEMINAR PAPERS
131. ‘A Functional Approach to the Interpretation of Free Trade and Economy Unity under
the Australian Constitution’ (Paper presented at the Roundtable on Australian
Constitutional Values, The University of New South Wales, Sydney, 10 June 2016).
132. ‘China’s Belt and Road Initiative and its Call to Open Free Trade Areas’ (Paper
presented at the Seminar Series of the Faculty of Law – The University of Auckland,
Auckland, 27 May 2016).
133. ‘Section 92 of the Australian Constitution and the Court of Justice of the European
Union’ (Paper presented at the Research Project Forum Series of the Centre for Financial
Regulation and Economic Development – The Chinese University of Hong Kong, Hong
Kong, 14 January 2013) (with The Hon Chief Justice Susan Kiefel AC of the High Court
of Australia).
134. ‘The European Union as a Champion for Peace’ (Paper presented at the Seminar
Series of the Department of General Education – Technological and Higher Education
Institute of Hong Kong, Hong Kong, 19 November 2012).
135. ‘La constitucionalización del principio de equilibrio presupuestario: un análisis de
Derecho comparado’ (Paper presented at the Seminar Series of the Institute of
Parliamentary Law – Complutense University of Madrid, Madrid, 7 June 2012).
136. ‘On Trade and Investment Relations between the European Union and Australia’
(Paper presented at the European Affairs Seminar Series of the Europa Institute – Utrecht
University, Utrecht, 31 May 2012).
137. ‘The Law and Policy of Trade and Investment Relations between the European Union
and Australia’ (Paper presented at the Seminar Series of the Europa Institute – Leiden
University, Leiden, 25 May 2012).
138. ‘The Common Commercial Policy under the Treaty of Lisbon: The Legitimacy and
Functionality of Exclusivity’ (Paper presented at the Jean Monnet Seminar Series of the
University of Macau, Macau, 6 May 2011).
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139. ‘The Constitutionalisation of Free Trade in Federal Jurisdictions’ (Paper presented at
the Research Seminar Series of the Centre for Political and Constitutional Studies –
Cabinet Office: Government of Spain, Madrid, 7 September 2010).
140. ‘Intercolonial Free Trade: The Drafting History of Section 92 of the Australian
Constitution and its Misinterpretation in Cole v Whitfield’ (Paper presented at the
Monash-Menzies Public Policy Seminar Series of the Menzies Centre for Australian
Studies – King’s College London, London, 12 May 2010).
141. ‘Against Parliamentary Prayers: A Policy Critique’ (Paper presented at the Seminar
Series of Bangor University School of Law, Bangor, 16 December 2009).
142. ‘Free Trade Jurisprudence in Federal and Supranational Constitutions’ (Paper
presented at the Research Away Day of the University of Hull Law School, Hull, 29
January 2009).
143. ‘Legal Writing’ (Paper presented at the Honours Programme Seminar Series of La
Trobe Law School, Melbourne, 16 April 2008).
144. ‘Why Start Parliament with a Prayer?’ (Paper presented at the Colloquium Series of
La Trobe Law School, Melbourne, 13 March 2008) (with Steven Tudor).
145. ‘Legal Ethics in Anglo-American Law Schools’ (Paper presented at the Research
Seminar Series of the University of Navarra Faculty of Law, Pamplona, 13 December
2007).
146. ‘The Integration of Legal Ethical Judgment into the LLB Curriculum’ (Paper
presented at the Learning and Teaching Colloquium of La Trobe Law School, Melbourne,
18 July 2007).
LECTURES AND TALKS
147. ‘World Trade Organization v Preferential Trade Agreements’ (Lecture presented for
the Department of Justice (Treaties and Law Unit: International Law Division) and Trade
and Industry Department, The Government of the Hong Kong Special Administrative
Region of the People’s Republic of China, Hong Kong, 24 November 2017).
148. ‘Implications of Brexit for European Union and International Trade Law’ (Lecture
presented for the Department of Justice (Treaties and Law Unit: International Law
Division) and Trade and Industry Department, The Government of the Hong Kong
Special Administrative Region of the People’s Republic of China, Hong Kong, 10
February 2017).
149. ‘Free Trade Areas for the Belt and Road Initiative’ (Lecture presented for the
Department of Justice (Treaties and Law Unit: International Law Division) and Trade and
Industry Department, The Government of the Hong Kong Special Administrative Region
of the People’s Republic of China, Hong Kong, 9 September 2016).
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150. ‘Third Country Service Suppliers under the Mainland and Hong Kong Closer
Economic Partnership Arrangement’ (Lecture presented for the Department of Justice
(Treaties and Law Unit: International Law Division) and Trade and Industry Department,
The Government of the Hong Kong Special Administrative Region of the People’s
Republic of China, Hong Kong, 1 April 2016).
151. ‘Dispute Settlement Mechanisms in Hong Kong’s Preferential Trade Agreements’
(Lecture presented for the Department of Justice (Treaties and Law Unit: International
Law Division) and Trade and Industry Department, The Government of the Hong Kong
Special Administrative Region of the People’s Republic of China, Hong Kong, 11
September 2015).
152. ‘WTO-plus SPS and TBT Provisions in Hong Kong’s PTAs’ (Lecture presented for
the Department of Justice (Treaties and Law Unit: International Law Division) and Trade
and Industry Department, The Government of the Hong Kong Special Administrative
Region of the People’s Republic of China, Hong Kong, 17 April 2015).
153. ‘Investment Protection and Investor-to-State Dispute Settlement in Economic
Integration Agreements’ (Lecture presented for the Department of Justice (Treaties and
Law Unit: International Law Division) and Trade and Industry Department, The
Government of the Hong Kong Special Administrative Region of the People’s Republic
of China, Hong Kong, 16 January 2015).
154. ‘Investment Protection and Investor-to-State Dispute Settlement in European Union
Trade and Investment Agreements’ (Lecture presented for the Ministry of Industry and
Trade of the Socialist Republic of Vietnam, Hanoi, 10 December 2014).
155. ‘European Union and Vietnam Foreign Investment Regulation: Policy and Practice’
(Lecture presented at the Foreign Trade University, Hanoi, 8 December 2014).
156. ‘Good Governance: For People’s Sake’ (Speech delivered at the 7th Global Economic
Symposium, Kuala Lumpur, 8 September 2014).
157. ‘The Law and Policy of Trade Relations between Hong Kong and Mainland China:
One Country, Two Systems under the Closer Economic Partnership Arrangement’
(Lecture presented at the School of Law – Waseda University, Tokyo, 4 July 2013).
158. ‘Economic Constitutional Law as an Instrument of Fiscal Governance: A Comparative
Study of Balanced-Budget Rules in Constitutional Political Economy’ (Lecture presented
for the Open Lecture Series of the Institute of Comparative Law – Waseda University,
Tokyo, 3 July 2013).
159. ‘Constitutional Studies of Free Trade and Political Economy’ (Lecture presented for
the Runnymede Lecture Series of the Amsterdam Center for International Law –
University of Amsterdam, Amsterdam, 29 May 2012).
160. ‘The Common Commercial Policy of the European Union’ (Lecture presented at the
School of Law – Utrecht University, Utrecht, 24 May 2012).
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161. ‘The Legal System of the European Union’ (Lecture presented at the Innovative
Universities European Union Centre – La Trobe University and Macquarie University,
Melbourne, 9 April 2008).
162. ‘The Need for a European Constitution’ (Lecture presented at the Centre for European
Studies – Australian National University, Canberra, 28 November 2003).
163. ‘Spain and the European Union’ (Inaugural ‘Europe Day’ Lecture to the College of
Law – Australian National University, Canberra, 9 May 1997).