Professor Lisa Toohey

Professor Lisa Toohey

Professor

Newcastle Law School

Career Summary

Biography

Lisa Toohey teaches and researches in the fields of international trade law and dispute resolution.   Prior to joining the University of Newcastle in February 2017, she was Associate Dean (Education) at the Faculty of Law at the University of New South Wales in Sydney.  She is a member of the Executive Council of the Society of International Economic Law, a member of the Asian WTO Research Network, and a founding member of the UNSW China International Business and Economic Law (CIBEL) Initiative.  Lisa is a founder of the Australasian Dispute Resolution Network and a past President of that group.  

Prior to academia, Lisa practised commercial law in Australia at Corrs Chambers Westgarth and in Vietnam at Baker & McKenzie in litigation & dispute resolution and commercial law, which included intellectual property, trade and investment. She has worked across East, Southeast, and Central Asia on dispute resolution and WTO projects funded by the Australian, US and Canadian governments and with international donors such as the Asian Development Bank.  These projects have developed commercial and trade law capacity within the region, including in Vietnam, Azerbaijan, Myanmar, and through work with visiting delegations from Thailand, China, and Iraq. 

Lisa has taught as a visiting professor at the Centre Franco-Vietnamien de Formation à la Gestion at the National Economics University in Hanoi, Vietnam,  at Naresuan University in Phitsanulok, Thailand, and at the University of Lausanne, Switzerland.  She is also a Senior Fellow of the Institute of International Economic Law at Georgetown University in Washington DC.

Lisa has a particular interest in supervising research projects on trade and commercial law in the Asia-Pacific region, on WTO Law generally, and dispute resolution in Australia and internationally.   Her own research projects currently include trade capacity building in Australia and the Asian region; China’s engagement in international dispute settlement; the legal information experience in Australian dispute resolution; and on conflict in the student-supervisor relationship.


Qualifications

  • Doctor of Philosophy, University of Queensland
  • Bachelor of Arts, University of Queensland
  • Bachelor of Arts (Honours), University of Queensland
  • Bachelor of Laws (Honours), University of Queensland
  • Master of Laws, University of Melbourne

Keywords

  • Dispute Resolution
  • International Economic Law
  • Law
  • Law and Development
  • Legal Education
  • Trade Law
  • WTO

Languages

  • English (Mother)
  • German (Fluent)
  • Vietnamese (Working)

Fields of Research

Code Description Percentage
180117 International Trade Law 65
180123 Litigation, Adjudication and Dispute Resolution 35

Professional Experience

UON Appointment

Title Organisation / Department
Professor University of Newcastle
Newcastle Law School
Australia

Academic appointment

Dates Title Organisation / Department
1/07/2010 - 5/02/2017 Associate Dean (Education) and Associate Professor The University of New South Wales
Faculty of Law
Australia
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Publications

For publications that are currently unpublished or in-press, details are shown in italics.


Book (5 outputs)

Year Citation Altmetrics Link
2015 Toohey L, Picker CB, Greenacre J, China in the international economic order: New directions and changing paradigms (2015)

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since Chi... [more]

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since China¿s accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China¿s unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country¿s approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China¿s strategy across the full spectrum of international economic activity.

DOI 10.1007/CBO9781107449480
Citations Scopus - 1
2015 Toohey L, Picker CB, Greenacre J, China in the international economic order: New directions and changing paradigms (2015)

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since Chi... [more]

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since China¿s accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China¿s unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country¿s approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China¿s strategy across the full spectrum of international economic activity.

DOI 10.1007/CBO9781107449480
2015 Toohey L, Picker CB, Greenacre J, China in the international economic order: New directions and changing paradigms (2015)

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since Chi... [more]

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since China¿s accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China¿s unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country¿s approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China¿s strategy across the full spectrum of international economic activity.

DOI 10.1007/CBO9781107449480
Citations Scopus - 1
2015 Toohey L, Picker CB, Greenacre J, China in the international economic order: New directions and changing paradigms (2015)

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since Chi... [more]

© Cambridge University Press 2015. The enormous economic power of the People¿s Republic of China makes it one of the most important actors in the international system. Since China¿s accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China¿s unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country¿s approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China¿s strategy across the full spectrum of international economic activity.

DOI 10.1007/CBO9781107449480
2001 Cohn LC, Catania P, Turner L, Domain names and trademarks, Lawbook Co, Pyrmont (2001)
Show 2 more books

Chapter (9 outputs)

Year Citation Altmetrics Link
2017 Toohey LC, 'Politics, Power and Process: The TPP & Dispute Settlement Choices for Asian States', The Transpacific Partnership: A Paradigm Shift in International Trade Regulation, Oxford University Press, London (2017)
2017 Toohey LC, 'Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment', Local Engagement with International Economic Law and Human Rights, Edward Elgar, London 198-214 (2017)
2015 Picker CB, Toohey L, 'The Role of Legal Culture in an Increasingly Heterogeneous WTO', International Economic Law: the Asia-Pacific Perspectives, Cambridge Scholars Publishing, Newcastle-upon-Tyne, UK 2-21 (2015)
2015 Picker CB, Toohey L, 'China in the international economic order: New directions and changing paradigms', China in the International Economic Order: New Directions and Changing Paradigms 1-8 (2015)

© Cambridge University Press 2015. While there have been many examinations of China¿s participation in the individual fields that comprise the international economic order, this... [more]

© Cambridge University Press 2015. While there have been many examinations of China¿s participation in the individual fields that comprise the international economic order, this work considers international economic law (IEL) as a whole, identifying broad themes that cut across all aspects of the international economic legal order. In particular, the chapters that comprise this volume highlight the new directions and changing paradigms associated with China¿s growing and critical relationship with all aspects of IEL. Much has changed in the field of IEL since China joined the World Trade Organization (WTO) at the start of this century, and yet China remains without doubt one of the most keenly observed players. While China¿s WTO accession in 20011 was a significant milestone for the international trade system, and for the WTO itself, WTO membership was also symbolic of greater engagement by China with the international economic order as a whole. Along with trade, all fields of IEL have been and continue to be impacted by greater Chinese participation, including international investment law, international financial and monetary law, competition law, and international intellectual property law. The fundamental question that has motivated this volume, just over a decade later, is whether China¿s unique characteristics make its engagement with the international economic order fundamentally different from that of other players. Throughout history, China has been an object of fascination for the West. China, for its part, spent a large proportion of its very long history in deliberate isolation, until forced to engage with the rest of the world by the West, one of whose primary mechanisms was the imposition of trading missions and settlements following military victories. But even then, the penetration of China by the West was marginal and at the periphery ¿ geographically, economically, and culturally. China remained largely unknown until recent times, only comparatively recently engaging in sustained interaction with the outside world. The intrigue with China as an actor in IEL is far from surprising and arises for several reasons. First, the sheer size of the state, and its economy, is overwhelming.

DOI 10.1007/CBO9781107449480.002
2015 Toohey L, 'Regarding China: Images of China in the international economic order', China in the International Economic Order: New Directions and Changing Paradigms 27-42 (2015) [B1]

© Cambridge University Press 2015. The recurring question of this volume is whether China represents a fundamentally different paradigm of engagement with the international econo... [more]

© Cambridge University Press 2015. The recurring question of this volume is whether China represents a fundamentally different paradigm of engagement with the international economic order. For many observers of China the intuitive response is "Why, of course," noting the special issues associated with the country's very large population and modern economic dynamism. Certainly, the socialist principles on which China was established and the nature of the "socialist market economy" represent a substantially different domestic political context for Chinese engagement with (IEL) when compared with the liberal politico-economic orientation of most other major players. From the perspective of "China watchers," the accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 was heralded as a major change for the international economic order ¿ not only for China itself, but for the WTO as an organization and for the global economy generally. China's accession to the WTO had particular consequences for the country's trading practices, but also had ramifications for China's monetary policy, its international investment policy, and, most importantly, for how China was perceived as a "player" in the international economic order. Legal academics, practitioners, policymakers, and the media engaged in endless speculation about the impact that China's accession would have on the international economic order. They also speculated on the impact that WTO accession would have on China and the extent to which China would "internalize" the WTO commitments as part of its domestic legal order. At the heart of this speculation was the sense that China as a trading nation, and as a state more generally was both powerful and different and that it would not be assimilated into the WTO the same way as other acceding states. To put the same point more strongly, it was perceived by many that China's "otherness" would have far-reaching ramifications for IEL. However, as this volume illustrates, the differences in China's state structures or approaches have not had a consistent or uniform impact on how China engages with the international economic order, particularly when compared with the behavior of other great powers.

DOI 10.1007/CBO9781107449480.004
2015 Toohey L, 'Regarding China: Images of China in the international economic order', China in the International Economic Order: New Directions and Changing Paradigms 27-42 (2015) [B1]

© Cambridge University Press 2015. The recurring question of this volume is whether China represents a fundamentally different paradigm of engagement with the international econo... [more]

© Cambridge University Press 2015. The recurring question of this volume is whether China represents a fundamentally different paradigm of engagement with the international economic order. For many observers of China the intuitive response is "Why, of course," noting the special issues associated with the country's very large population and modern economic dynamism. Certainly, the socialist principles on which China was established and the nature of the "socialist market economy" represent a substantially different domestic political context for Chinese engagement with (IEL) when compared with the liberal politico-economic orientation of most other major players. From the perspective of "China watchers," the accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 was heralded as a major change for the international economic order ¿ not only for China itself, but for the WTO as an organization and for the global economy generally. China's accession to the WTO had particular consequences for the country's trading practices, but also had ramifications for China's monetary policy, its international investment policy, and, most importantly, for how China was perceived as a "player" in the international economic order. Legal academics, practitioners, policymakers, and the media engaged in endless speculation about the impact that China's accession would have on the international economic order. They also speculated on the impact that WTO accession would have on China and the extent to which China would "internalize" the WTO commitments as part of its domestic legal order. At the heart of this speculation was the sense that China as a trading nation, and as a state more generally was both powerful and different and that it would not be assimilated into the WTO the same way as other acceding states. To put the same point more strongly, it was perceived by many that China's "otherness" would have far-reaching ramifications for IEL. However, as this volume illustrates, the differences in China's state structures or approaches have not had a consistent or uniform impact on how China engages with the international economic order, particularly when compared with the behavior of other great powers.

DOI 10.1007/CBO9781107449480.004
2011 Toohey L, 'When 'failure' indicates success: Understanding trade disputes between ASEAN members', East Asian Economic Integration: Law, Trade and Finance 150-182 (2011) [B1]
Citations Scopus - 1
2008 Toohey LC, 'Stepping Stones and Stumbling Blocks: Vietnam's Regional Trade Arrangements and WTO Accession', The Challenge to Multilateral Trade: Regional and Preferential Trade Agreements, Alphen aan den Rijn: Kluwer Law International, N/A 65-84 (2008)
1999 Toohey LC, Moens G, Peacock D, 'Australia', A New Approach to International Contracts, Kluwer Law International, Australia 19-54 (1999)
Show 6 more chapters

Journal article (20 outputs)

Year Citation Altmetrics Link
2014 Toohey L, 'Accession as dialogue: Epistemic communities and the world trade organization', Leiden Journal of International Law, 27 397-418 (2014) [C1]

Accession to the World Trade Organization (WTO) is viewed as a major step in the development of a state, and the commitments made by acceding states are often interpreted as a sym... [more]

Accession to the World Trade Organization (WTO) is viewed as a major step in the development of a state, and the commitments made by acceding states are often interpreted as a symbolic commitment to international economic and political community. However, as a subject of scholarship, WTO accession is under-theorized-there has been no sustained academic attempt to build a theory that accounts for the complexity of the accession process. Traditional, positivist approaches can point to increasingly onerous terms of accession, but fail to probe past Article XII's one-dimensional concept of 'the acceding state' negotiating with 'the WTO'. This perspective dislocates the accession process from the broader political, economic, and legal reforms that involve both state and non-state actors. This article examines the role of these actors as epistemic communities, and argues that these epistemic communities engage in a series of dialogues about the nature of law and the legal system in the acceding state. © 2014 Foundation of the Leiden Journal of International Law.

DOI 10.1017/S0922156514000077
Citations Scopus - 3
2014 Toohey L, Crowe J, 'The Illusory Reference of the Transitional State and Non-Market Economy Status', The Chinese Journal of Comparative Law, 2 314-336 (2014)
DOI 10.1093/cjcl/cxu004
2014 Toohey LC, 'Reinvigorating the WTO from the Inside Out - Revisiting the Role of the Secretariat', Asian Journal of WTO and International Health Law and Policy, 385-405 (2014)
2013 Toohey LC, Curnow K, 'A Focus on Process: Procedures to Address Disputes about End of Life Decisions', Australasian Dispute Resolution Journal, 45-53 (2013)
2012 Toohey LC, Picker C, 'Legal Culture and Trade Disputes: Vietnam¿s Increasing Capacity to Engage with the WTO', Journal Jurisprudence, 105-111 (2012)
2012 Toohey LC, 'Barriers to Universal Membership of the World Trade Organisation', Australian International Law Journal, 19 97-115 (2012) [C1]
2011 Toohey L, 'IV. China and the world trade organization: The first decade', International and Comparative Law Quarterly, 60 788-798 (2011) [C1]

By the end of 2011, China will have been a member of the World Trade Organization (the WTO) for a decade. While China has undergone dramatic changes to implement commitments conta... [more]

By the end of 2011, China will have been a member of the World Trade Organization (the WTO) for a decade. While China has undergone dramatic changes to implement commitments contained in its Protocol of Accession, 1 debate continues as to whether China has adequately complied with its obligations under the WTO Agreements in both letter and spirit. Some of this debate remains in the political arena, where China is censured over such issues as currency controls and or equality of access for foreign firms like Google; however, it is in the legal arena, and specifically within the WTO's Dispute Settlement Body, that some of the most controversial issues are raised, both against and by China. © Copyright 2011 British Institute of International and Comparative Law.

DOI 10.1017/S0020589311000339
Citations Scopus - 4
2010 Toohey LC, Toohey D, 'Achieving Quality Outcomes in Community Titles Disputes: A Therapeutic Jurisprudence Approach', Monash University Law Review, 293-316 (2010)
2010 Toohey LC, 'Judicialization, Juridification, and Legalization: Themes in Comparative Legal Scholarship of Vietnam', LawAsia Journal, 179-190 (2010)
2009 Crowe J, Toohey L, 'From good intentions to ethical outcomes: The paramountcy of children's interests in the family law act', Melbourne University Law Review, 33 (2009)

The notion of the 'best interests of the child' plays a central role in Australian family law. Section 60CA of the Family Law Act 1975 (Cth), as amended in 2006, reitera... [more]

The notion of the 'best interests of the child' plays a central role in Australian family law. Section 60CA of the Family Law Act 1975 (Cth), as amended in 2006, reiterates the longstanding principle that, in making a parenting order, 'a court must regard the best interests of the child as the paramount consideration'. The Australian judiciary has adopted a strong interpretation of the paramountcy principle, according to which the interests of children prevail absolutely over the interests of all other parties. The authors argue that such a strong emphasis on children's interests cannot be ethically justified; only a weak view of the paramountcy principle can be supported on ethical grounds.].

Citations Scopus - 1
2009 Toohey LC, Crowe J, 'From Good Intentions to Ethical Outcomes: The Paramountcy of Children¿s Interests In the Family Law Act', Melbourne University Law Review, 391-414 (2009)
2006 Toohey LC, 'Boi Thuong Thiet Hai Do Chat Doc Da Cam O Viet Nam', Journal of Legislative Studies, the Official Journal of the National Assembly of Vietnam, (2006)
2005 Toohey LC, 'Between Cancun and Hong Kong: The Agenda of the WTO's Agreement on Trade Related Aspects of Intellectual Property Rights and the Tensions of Development', Southern Cross University Law Review, 235-255 (2005)
2005 Toohey LC, 'WTO and East Asia: New Perspectives', LawAsia Journal, 201-203 (2005)
2005 Toohey LC, 'Compensation for Agent Orange in Vietnam', Willamette Journal of International Law and Dispute Resolution, 287-319 (2005)
2003 Toohey LC, 'Rights, Remedies and Relationships: Resolving Disputes Through Mediation', Intellectual Property Forum, 24-29 (2003)
2003 Toohey LC, 'Mediating Intellectual Property Disputes', ADR Bulletin, 27-34 (2003)
2003 Toohey LC, 'WTO Oriented Telecommunications Reform in the Socialist Republic of Vietnam', LawAsia Journal, 79-101 (2003)
2000 Toohey LC, Moens G, Peacock D, 'A New Approach to International Commercial Contracts: The UNIDROIT Principles of International Commercial Contracts--The Australian Experience', International Trade & Business Law Annual, 219-254 (2000)
1999 Toohey LC, Moens G, 'The Willem C. Vis International Commercial Arbitration Moot 1996-1997', International Trade and Business Law Annual, 215-278 (1999)
Show 17 more journal articles

Other (2 outputs)

Year Citation Altmetrics Link
2005 Toohey LC, 'Hearing the Developing Voice in the WTO: The Role of Civil Society in the WTO's Dispute Settlement Process', 4th Biennial Conference of the Aoteroa New Zealand ( pp.59-63). University of Auckland, Auckland, New Zealand 2005: Centre of Development Studies (2005)
2005 Toohey LC, 'Transplanted Constitutionalism or Transplanted Constitutions? The Application of Transplantation Theory to Constitutional Reform', Constitutional Renewal in the Pacific Islands, Port Vila, Vanuatu (2005)
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Grants and Funding

Summary

Number of grants 2
Total funding $177,432

Click on a grant title below to expand the full details for that specific grant.


20172 grants / $177,432

Mentoring women from regional Australia to realise their educational and career aspirations in business and law$167,432

Funding body: Department of Education and Training

Funding body Department of Education and Training
Project Team Doctor Johanna Macneil, Ms Kate Ramzan-Levy, Doctor Tamara Young, Professor Lisa Toohey, Doctor Paul Stolk, Mrs Sher Campbell
Scheme Higher Education Participation and Partnerships Programme (HEPPP)
Role Investigator
Funding Start 2017
Funding Finish 2017
GNo G1601087
Type Of Funding Other Public Sector - Commonwealth
Category 2OPC
UON Y

Commercial Law and Legal Education in Myanmar$10,000

Funding body: University of New South Wales

Funding body University of New South Wales
Project Team Professor Lisa Toohey
Scheme Research Grant
Role Lead
Funding Start 2017
Funding Finish 2017
GNo G1701228
Type Of Funding Grant - Aust Non Government
Category 3AFG
UON Y
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Professor Lisa Toohey

Position

Professor
Newcastle Law School
Faculty of Business and Law

Contact Details

Email lisa.toohey@newcastle.edu.au
Phone (02) 4985 4145
Links Twitter
Research Networks
Personal Blogs

Office

Room X-532
Building NeW Space
Location City Campus

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