Publications by Caroline Henckels | Law

Publications by Caroline Henckels

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Books

Proportionality and Deference in Investor-State Arbitration: Balancing Investment Protection and Regulatory Autonomy (Cambridge University Press, 2015)

Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law (Edward Elgar, forthcoming 2016) (with A. Mitchell and D. Heaton)

Book Chapters

'The Structural Status of Exceptions Clauses in FCN and Investment Treaties' in L. Bartels and F. Paddeu (eds), Exceptions in International Law (Oxford University Press, 2017 forthcoming) 

‘The Role of the Standard of Review and the Importance of Deference in Investor-State Arbitration’ in W. Werner and L. Gruszczynski (eds), Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation (Oxford University Press, 2014) 113

‘Balancing Investment Protection and Sustainable Development in Investor-State Arbitration: The Role of Deference’ in A. Bjorklund (ed), Yearbook of International Investment Law and Policy 2012-2013 (Oxford University Press, 2014) 305

Refereed Journal Articles

'Protecting Regulatory Autonomy through Greater Precision in Investment Treaties: The TPP, CETA, and TTIP' Journal of International Economic Law (2016 forthcoming)

'Can Greater Precision in Treaty Drafting Protect Regulatory Autonomy? An Assessment of the TPP's Investment Chapter' New Zealand Business Law Quartly (2016 forthcoming)

‘Balancing Investment Protection and the Public Interest: The Role of the Standard of Review and the Importance of Deference in Investor-State Arbitration’ (2013) 4 Journal of International Dispute Settlement 197

‘Variations on a Theme: Comparing the Concept of “Necessity” in International Investment Law and WTO Law’ (2013) 14 Chicago Journal of International Law 93 (with A. Mitchell)

‘Indirect Expropriation and the Right to Regulate: Revisiting Proportionality Analysis and the Standard of Review in Investor-State Arbitration’ (2012) 15 Journal of International Economic Law 223

‘Overcoming Jurisdictional Isolationism at the WTO–FTA Nexus: A Potential Approach for the WTO’ (2008) 19 European Journal of International Law 571

‘Exclusion of Evidence Obtained in Breach of the Right to Privacy: Will Victoria’s Charter Protect the Rights of Criminal Defendants?’ (2008) 19 Public Law Review 234

‘The Ostensible Flexibilities in TRIPS: Can Essential Pharmaceuticals be Excluded from Patentability in Public Health Crises?’ (2007) 32 Monash University Law Review 335

‘Mandatory Detention of Asylum Seekers in Australia: Would a Bill of Rights Make a Difference?’ (2007) 4 Human Rights Research Journal 4

‘GMOs in the WTO: A Critique of the Panel's Legal Reasoning in EC-Biotech’ (2006) 7 Melbourne Journal of International Law 278

Conference presentations and lectures

Proportionality and Deference in Investor-State Arbitration, Amsterdam Centre for International Law, Amsterdam, 5 April 2016 (invited speaker) 

Proportionality and Deference in Investor-State Arbitration, Grotius Dialogue Series, Leiden, 4 April 2016 (invited speaker) 

The Puzzling Structural Status of Exceptions Clauses in FCN and Investment Treaties, Workshop on Exceptions and Defences in International Law, Cambridge, 31 March 2016  (invited speaker) 

Proportionality and Deference in Investor-State Arbitration, UNSW Book Forum, Sydney, 23 March 2016

Protecting Regulatory Autonomy in Investment Treaties Through Greater Precision in Substantive Investment Protections: An Appraisal of the TPP, The Regulation of Foreign Investment Symposium, Auckland, 16 June 2015 

Roundtable on International Economic Law and Health, American Society of International Law International Economic Law Interest Group Biennial Research Conference, Denver, 15 November 2014 (invited speaker)

Balancing investment protection and regulatory autonomy in new investment treaties: lessons from existing treaties and arbitral decisions, American Society of International Law International Economic Law Interest Group Biennial Research Conference, Denver, 14 November 2014

Balancing Commercial and Non-Commercial Values in International Investment Treaties, European Society of International Law International Economic Law Interest Group Workshop, Vienna, 3 September 2014

Evolution of Methods and Standards of Review in Investor-State Arbitration: Toward a More Balanced Approach in Regulatory Disputes?, Society of International Economic Law Conference, Bern, 11 July 2014 (poster presentation)

Protecting Regulatory Autonomy in New International Investment Agreements: Rules, Standards and the TPP, TTIP and CETA, Australia and New Zealand Society of International Law Conference, Canberra, 3 July 2014

The Purpose and Scope of National Treatment in International Investment Law: Implications for Regulatory Autonomy, Conference of the Postgraduate and Early Professionals and Academics Network of the Society of International Economic Law, Göttingen, 25 January 2013

Balancing Investment Protection and the Public Interest: the Importance of Deference in Investor-State Arbitration, American Society of International Law International Economic Law Interest Group Conference, Washington D.C., 30 November 2012 (paper accepted for presentation)

Balancing Investment Protection and the Public Interest: the Role of the Standard of Review and the Importance of Deference in Investor-State Arbitration, European Cooperation in Science and Technology Workshop on Standards of Review in International Courts and Tribunals, Seville, 27 October 2012

Proportionality and the Standard of Review in Fair and Equitable Treatment Claims: Balancing Stability and Consistency with the Public Interest, Society of International Economic Law Conference, Singapore, 13 July 2012

Tobacco Plain Packaging Legislation, International Investment Law and Protecting Public Health: An Assessment of the Philip Morris v Australia Claim, Melbourne Law School and McCabe Centre For Law and Cancer, Melbourne, 25 January 2012

Charter Update: Momcilovic v The Queen and XYZ v Victoria Police, Victorian Government Solicitor's Office Seminar Series, Melbourne, 24 March 2010 (with C. Geiringer)

Overcoming Jurisdictional Isolationism at the WTO – FTA Nexus, The Future of the World Trade Organization Forum, Melbourne, 1 March 2007

The IMF’s Second Generation Initiatives: A Fig Leaf for Political Interference? Southern Perspectives on Development, Dunedin, 1 December 2006

Would the Australian High Court decision of Al-Kateb v Godwin have differed with a Bill of Rights? New Zealand Bill of Rights Act Symposium, Wellington, 10 February 2006

Other contributions

‘The concept of “necessity” and non-precluded measures in international investment law: three lessons from WTO tribunals’ (2013) Featured Discussion, United Nations Conference on Trade and Development Investment Policy Hub (with A. Mitchell)

‘Investment and the Canada–EU Comprehensive Economic and Trade Agreement: the Oil Sands Controversy’ (2011) Canada-European Transatlantic Dialogue (with L. Bartels)

Case Note: Legal Services Commission v R (Humberstone)’ (2011) 58 Human Rights Law Resource Centre Bulletin

‘Notions of Ownership: The IMF’s Poverty Reduction Strategy Papers’ (2007) 8 Just Change 22

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