Caroline Henckels

Monash University - Faculty of Law

Senior Lecturer

Wellington Road

Clayton, Victoria 3800

Australia

SCHOLARLY PAPERS

11

DOWNLOADS
Rank 13,957

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Top 13,957

in Total Papers Downloads

2,839

CITATIONS

2

Scholarly Papers (11)

1.

Balancing Investment Protection and the Public Interest: The Role of the Standard of Review and the Importance of Deference in Investor-State Arbitration

4 Journal of International Dispute Settlement (2013) (Forthcoming)
Number of pages: 19 Posted: 22 Dec 2012 Last Revised: 31 Dec 2012
Caroline Henckels
Monash University - Faculty of Law
Downloads 702 (29,413)

Abstract:

Investor-state arbitration, deference, standards of review, international investment law, balancing, investment treaties, judicial review, regulatory autonomy

2.

Variations on a Theme: Comparing the Concept of 'Necessity' in International Investment Law and WTO Law

(2013) 14 Chicago Journal of International Law 93-164
Number of pages: 72 Posted: 04 Oct 2012 Last Revised: 21 Apr 2015
Andrew D. Mitchell and Caroline Henckels
University of Melbourne - Melbourne Law School and Monash University - Faculty of Law
Downloads 643 (26,206)

Abstract:

necessity, international law, international investment law, WTO law, non-precluded measures

3.

GMOs in the WTO: A Critique of the Panel's Legal Reasoning in EC-Biotech

Melbourne Journal of International Law, Vol. 7, No. 2, p. 278, 2006, U of Melbourne Legal Studies Research Paper No. 253
Number of pages: 29 Posted: 06 Dec 2006
Caroline Henckels
Monash University - Faculty of Law
Downloads 364 (63,761)
Citation 1

Abstract:

WTO, Biotech, SPS Agreement, Legitimacy, precautionary principle, Cartagena Protocol, scientific uncertainty

4.

The Ostensible Flexibilities in TRIPS: Can Essential Pharmaceuticals Be Excluded from Patentability in Public Health Crises?

Monash University Law Review, Vol. 32, 2006, U of Melbourne Legal Studies Research Paper No. 254
Number of pages: 23 Posted: 28 Aug 2007
Caroline Henckels
Monash University - Faculty of Law
Downloads 346 (68,769)

Abstract:

WTO, TRIPS, pharmaceuticals, public health, developing countries, GATT, compulsory licensing, morality, ordre public, patents

5.

Overcoming Jurisdictional Isolationism at the Wto-Fta Nexus: A Potential Approach for the WTO

European Journal of International Law, Vol. 19, Issue 3, pp. 571-599, 2008
Number of pages: 29 Posted: 18 Jul 2008 Last Revised: 23 Jun 2012
Caroline Henckels
Monash University - Faculty of Law
Downloads 8 (467,690)
Citation 1

Abstract:

6.

Public-Private Arbitration in Australia: Public Law Concerns, Private Law Responses

Stephan Schill (ed), The Comparative Constitutional Law of Private-Public Arbitration (Oxford University Press, 2017 Forthcoming), Monash University Faculty of Law Legal Studies Research Paper No. 3013518
Number of pages: 15 Posted: 08 Aug 2017
Caroline Henckels
Monash University - Faculty of Law
Downloads 0 (518,558)

Abstract:

arbitration, public-private, investor-state dispute settlement, government contracts, executive power, public law, accountability, administrative law, constitutional law, impartiality, transparency, judicial review,

7.

Proportionality and the Separation of Powers in Constitutional Review: Examining the Role of Judicial Deference

45(2) Federal Law Review (2017), Monash University Faculty of Law Legal Studies Research Paper No. 2996345
Number of pages: 16 Posted: 06 Jul 2017 Last Revised: 26 Jul 2017
Caroline Henckels
Monash University - Faculty of Law
Downloads 0 (257,078)

Abstract:

Proportionality, separation of powers, judicial power, deference, Constitution, McCloy

8.

Scope Limitation or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses

Federica Paddeu and Lorand Bartels (eds), Exceptions in International Law (OUP, 2017) , Society of International Economic Law (SIEL), Fifth Biennial Global Conference
Number of pages: 13 Posted: 01 Jul 2016 Last Revised: 09 Aug 2017
Caroline Henckels
Monash University - Faculty of Law
Downloads 0 (127,772)

Abstract:

Investor-state arbitration, Non-precluded measures, Exception, Carve-out, Burden of proof, International investment law, Necessity, Argentina, Nicaragua, self-defence, reservation

9.

Protecting Regulatory Autonomy Through Greater Precision in Investment Treaties: The TPP, CETA and TTIP

19(1) Journal of International Economic Law, Forthcoming
Number of pages: 23 Posted: 25 Jan 2016
Caroline Henckels
Monash University - Faculty of Law
Downloads 0 (77,198)

Abstract:

International Investment Law, Investment Treaties, TPP, TTIP, CETA, indirect expropriation, fair and equitable treatment, non-discrimination, treaty exceptions, non-preluded measures, investor-state arbitration, national treatment, ISDS, rules and standards

10.

Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law

Andrew Mitchell, David Heaton, Caroline Henckels, Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law (Edward Elgar, 2016) (Forthcoming)
Posted: 11 Sep 2015
Andrew D. Mitchell, David Heaton and Caroline Henckels
University of Melbourne - Melbourne Law School, University of Melbourne and Monash University - Faculty of Law

Abstract:

Non-discrimination, National Treatment, Most Favoured Nation, World Trade Organization, international investment law, regulatory purpose, likeness, like circumstances

11.

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
Posted: 22 Jun 2012
Caroline Henckels
Monash University - Faculty of Law

Abstract:

Investor-state arbitration, proportionality, standard of review, expropriation, regulatory autonomy, public interest