James Munro

University of Melbourne - Melbourne Law School

Researcher

University Square

185 Pelham Street, Carlton

Melbourne, Victoria 3010

Australia

SCHOLARLY PAPERS

11

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Top 14,251

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3,271

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Scholarly Papers (11)

1.

Parting Ways: The Impact of Investor Rights on Mutual Termination of Investment Treaties

(2014) 29(2) ICSID Review - Foreign Investment Law Journal 451-473
Number of pages: 23 Posted: 12 Dec 2013 Last Revised: 05 Feb 2016
Tania Voon, Andrew D. Mitchell and James Munro
University of Melbourne - Law School, University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 604 (42,368)

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International Law, International Investment Law, International Investment Agreements, IIAs, Mutual Termination, Survival Clauses, Sunset Clauses, Acquired Rights, Investors' Rights, Exercised Rights, Unexercised Rights, Direct and Derivative Rights

2.

Intellectual Property Rights in International Investment Agreements: Striving for Coherence in National and International Law

C.L. Lim & Bryan Mercurio (eds), International Economic Law After the Crisis: A Tale of Fragmented Disciplines (Cambridge University Press, 2015) 380-405, U of Melbourne Legal Studies Research Paper No. 675
Number of pages: 23 Posted: 01 Sep 2013 Last Revised: 24 Apr 2018
Tania Voon, Andrew D. Mitchell and James Munro
University of Melbourne - Law School, University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 580 (44,721)

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intellectual property, international investment agreements, investment law, investment, most favoured-nation-treatment, MFN, expropriation, umbrella clauses

3.

Australia's Plain Packaging of Tobacco Products: Science and Health Measures in International Economic Law

Bryan Mercurio and Kuei-Jung Ni (eds), Science and Technology in International Economic Law: Balancing Competing Interests, Routledge, 2013, U of Melbourne Legal Studies Research Paper No. 653, Oxford Legal Studies Research Paper No. 79/2013
Number of pages: 15 Posted: 17 Jun 2013 Last Revised: 19 Aug 2013
University of Oxford, Faculty of Law, University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 465 (59,176)

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plain packaging, international trade law, international investment law, public health, evidence, scientific knowledge

4.

Legal Responses to Corporate Manoeuvring in International Investment Arbitration

(2014) Journal of International Dispute Settlement, 41-68, U of Melbourne Legal Studies Research Paper No. 668
Number of pages: 28 Posted: 28 Aug 2013 Last Revised: 21 Apr 2015
Tania Voon, Andrew D. Mitchell and James Munro
University of Melbourne - Law School, University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 436 (63,952)

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International Investment Law, International Investment Agreements, Pre-existing dispute, Ownership of an investment, Control of an investment, Corporate Restructuring, Denial of Benefits, Abuse of Rights, Date of Harm or Injury, Definition of Investment, Definition of Investor, Good Faith

Importing WTO General Exceptions into International Investment Agreements: Proportionality, Myths and Risks

Forthcoming, Yearbook of International Investment Law and Policy 2016-2017 (Oxford University Press, 2018), U of Melbourne Legal Studies Research Paper No. 757
Number of pages: 50 Posted: 12 Dec 2017 Last Revised: 02 Mar 2018
Andrew D. Mitchell, James Munro and Tania Voon
University of Melbourne - Law School, University of Melbourne - Melbourne Law School and University of Melbourne - Law School
Downloads 286 (103,114)

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exceptions, international law, interpretation, investment, proportionality, trade, WTO

State-State Dispute Settlement Under the Trans-Pacific Partnership Agreement

Tania Voon (ed), Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement, Edward Elgar, 2013
Number of pages: 23 Posted: 09 Feb 2013 Last Revised: 21 Apr 2015
Andrew D. Mitchell and James Munro
University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 199 (148,827)

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Trans-Pacific Partnership, TPP, State-State dispute settlement, international law, conflict of norms, conflict of jurisdiction, interpretation, fragmentation, precedent

State-State Dispute Settlement Under the Trans-Pacific Partnership Agreement

in Tania Voon (ed), Trade Liberalisation and International Co-operation: A Legal Analysis of the Trans-Pacific Partnership Agreement (Edward Elgar, 2013) 156–178
Number of pages: 23 Posted: 28 Sep 2015
Andrew D. Mitchell and James Munro
University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 79 (303,402)

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preferential trade agreement, Trans-Pacific Partnership Agreement, state-state dispute settlement

7.

Can International Trade and Investment Law Protect Foreign Investments in the Resources Sector?

[2012] AMPLA Yearbook 266, U of Melbourne Legal Studies Research Paper No. 644
Number of pages: 26 Posted: 16 Nov 2012 Last Revised: 03 Sep 2013
Andrew D. Mitchell and James Munro
University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 270 (110,222)

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International Trade Law, International Investment Law, Resources, Mining, Licences, Permits, Royalties, Taxation, Investor-State dispute settlement, Expropriation, Fair and Equitable Treatment, FET, Umbrella Clauses, International Law

8.

Someone Else's Deal: Interpreting International Investment Agreements in the Light of Third-Party Agreements

European Journal of International Law (Forthcoming)
Number of pages: 28 Posted: 14 Apr 2017
Andrew D. Mitchell and James Munro
University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 166 (175,474)

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Treaty Interpretation, International Investment Law, Third Party Agreements

9.

Vannessa Ventures LTD v Venezuela (Award) (ICSID Additional Facility Rules, Case No ARB (AF)/04/6, 16 January 2013)

(2014) 15(1) The Journal of World Trade and Investment 305-313
Number of pages: 9 Posted: 25 Dec 2013 Last Revised: 21 Apr 2015
University of Melbourne - Law School, University of Melbourne - Melbourne Law School and University of Melbourne - Melbourne Law School
Downloads 107 (247,514)

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jurisdiction, notion of investment, purchase of legal claim, good faith, expropriation

10.

No Retreat: An Emerging Principle of Non-Regression from Environmental Protections in International Investment Law

Georgetown Journal of International Law, Forthcoming
Number of pages: 90 Posted: 11 Mar 2019
Andrew D. Mitchell and James Munro
University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 58 (357,590)

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environment, international law, investment, trade, treaty interpretation

11.

Good Faith in Parallel Trade and Investment Disputes

19 May 2014 draft published in Andrew Mitchell, M Sornarajah and Tania Voon (eds), Good Faith and International Economic Law (Oxford University Press, UK, 2015) 60–87
Number of pages: 25 Posted: 28 Dec 2017
Tania Voon, Andrew D. Mitchell and James Munro
University of Melbourne - Law School, University of Melbourne - Law School and University of Melbourne - Melbourne Law School
Downloads 21 (503,951)

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good faith, parallel dispute, lis pendens, estoppel, abuse of rights, double remedies, conflicting outcomes