Law Resources

Biography

Dr Caroline Henckels is a Senior Lecturer in the Faculty of Law at Monash University. Caroline researches at the intersection of public international law and public law, with a focus on international investment law, WTO law and comparative public law. She is an Associate Editor of the Journal of World Investment and Trade and serves as peer reviewer for several academic journals and for the United Nations Conference on Trade and Development. Caroline is admitted to practice law in Victoria and in New Zealand.

Before joining Monash, Caroline was a Vice-Chancellor's Postdoctoral Research Fellow in Law at the University of New South Wales. She has taught law at the University of Cambridge and the University of Melbourne, and has acted as consultant to the McCabe Centre for Law and Cancer and the Human Rights Law Centre.

Caroline’s PhD research at the University of Cambridge was supported by various awards including the Cambridge Commonwealth Trust Scholarship, the New Zealand Federation of Graduate Women Fellowship Award and the Stephen Körner Scholarship.

Caroline is interested in supervising PhD students in international investment law, WTO law and public law.

Publications

Monographs

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

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

  • Cited in Philip Morris v Uruguay, ICSID Case No. ARB/10/7, Concurring and Dissenting Opinion of Arbitrator Born, 8 July 2016

Chapters in edited collections

Henckels, C., ‘The structural status of investment treaty exceptions’ in L. Bartels and F. Paddeu (eds), Exceptions in International Law (Oxford University Press, 2017 forthcoming)

Henckels, C., ‘The constitutional implications of public-private arbitration in Australia’ in S. Schill (ed), The Comparative Constitutional Foundations of Public-Private Arbitration (Oxford University Press, 2017 forthcoming)

Henckels, C., ‘The role of the standard of review and the importance of deference in investor-state arbitration’ in L Gruszczynski and W Werner (eds), Deference in International Courts and Tribunals: Standards of Review and Margin of Appreciation (Oxford University Press, 2014) 113

Henckels, C., ‘Balancing investment protection and sustainable development in investor-state arbitration: the role of deference’ in A. K. Bjorklund (ed), Yearbook on International Investment Law & Policy 2012-2013 (Oxford University Press, 2014) 305

Journal articles – peer reviewed

Henckels, C. 'Proportionality, the Constitution and the Separation of Powers: Examining the Role of Judicial Deference' 45 Federal Law Reivew (forthcoming 2017)

Henckels, C., ‘Protecting regulatory autonomy through greater precision in investment treaties: the TPP, CETA, and TTIP’ 19 Journal of International Economic Law 27 (2016)

Henckels, C., ‘Will Greater Precision in Investment Treaties Protect the Right to Regulate? An Assessment of the TPP's Investment Chapter’ 21 New Zealand Business Law Quarterly 351 (2015)

Henckels, C., ‘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 197 (2013)

Mitchell, A.D., Henckels, C., ‘Variations on a theme: comparing the concept of 'necessity' in international investment law and WTO law’ 14 Chicago Journal of International Law 93 (2013)

Henckels, C., ‘Indirect expropriation and the right to regulate: revisiting proportionality analysis and the standard of review in investor-state arbitration’ 15 Journal of International Economic Law 223 (2012)

Henckels, C., ‘Overcoming jurisdictional isolationism at the WTO - FTA nexus: a potential approach for the WTO’ 19 European Journal of International 571 (2008)

Henckels, C., ‘Exclusion of evidence obtained in breach of the right to privacy: will Victoria's Charter protect the rights of criminal defendants?’ 19 Public Law Review 234 (2008)

Henckels, C., ‘Mandatory detention of stateless asylum seekers in Australia: would a Bill of Rights make a difference?’ 4 Human Rights Research Journal 1 (2007)

Henckels, C., ‘GMOs in the WTO: a critique of the panel's legal reasoning in EC-Biotech’ 7 Melbourne Journal of International Law 278 (2006)

Henckels, C., 2006, ‘The ostensible 'flexibilities' in TRIPS: can essential pharmaceuticals be excluded from patentability in public health crises?’ 32 Monash University Law Review 335 (2006)

Conference presentations and lectures

‘When the “Exception” is an Element of the Rule: The Structural Status of Investment Treaty Exceptions’, Society of International Economic Law Biennial Conference, Johannesburg, 9 July 2016

Proportionality and Deference in Investor-State Arbitration, King’s College London, 20 May 2016 (invited speaker)

Proportionality and Deference in Investor-State Arbitration, University College London, 20 May 2016 (invited speaker)

The Foundations of Proportionality in International Investment Law, Investment Treaty Forum, British Institute of International and Comparative Law, London, 19 May 2016 (invited speaker)

The Structural Status of Article XI of the Argentina-US BIT, International Economic Law Interest Group, Australia and New Zealand Society International Law Workshop, Auckland, 13 May 2016

Balancing Investment Protection and Regulatory Autonomy in Investor-State Arbitration, New Zealand Centre for International Economic Law, Wellington, 12 May 2016 (invited speaker)

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

Mitchell, A. D. and Henckels, C., ‘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 

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

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

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

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