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Professor Lisa Toohey

Professor Lisa Toohey

Professor
  • Bachelor of Arts (Hons), University of Queensland Ìý (International relations, Business German, Honours dissertation in German)
  • Bachelor of Laws (Hons), University of Queensland
  • Master of Laws, University of Melbourne
  • Doctor of Philosophy, International Law and International Relations, University of Queensland
  • Admitted as a Solicitor and Barrister of the High Court of Australia
Law & Justice
School of Private & Commercial Law

Professor Lisa Toohey teaches and researches in international trade law and the impact of international law on the commercial sphere.ÌýÌý At a domestic level her teaching and research is focussed on the use of legal information, legal design and innovation, and dispute resolution.ÌýÌý

Underpinning her research is a passion to understand how individuals and groups understand and interpret their rights in order to resolve disputes at international, domestic, and transactional levels - and how better-designed systems and information can improve access to justice. Ìý This includes a focus on how states in the Asia-Pacific region engage with the international law system and resolve disputes, how mediation can be better used to address multi-issue public international law disputes, how individuals in civil disputes access and interpret legal information, and how legal design can be used as a tool to better facilitate understanding of legal information.ÌýÌý

In 2020, she was awarded a Fulbright Fellowship to pursue her research at the University of Texas at Austin, funded by the Department of Foreign Affairs and Trade.ÌýLisa is an assessor for the Research Grants Council (Hong Kong), a nominated member for Australia of the Asian WTO Research Network, and a founding member of the Â鶹ÉçmadouÌýÌý(CIBEL) Centre. ÌýPast roles have included serving Ìýtwo terms on theÌý, Senior Fellow of theÌýÌýat Georgetown University, founder and past President of theÌý, and Ìýmember of the Sparke Helmore Transformation Working Group,

Lisa also has a strong record of service at Faculty and School level at current and previous institutions, including ÌýFaculty Associate Dean (Education) at Â鶹Éçmadou,Ìý Law School Deputy Dean (Academic),ÌýLaw School Deputy Dean (Research), and Faculty Associate Dean (Equity Diversity and Inclusion) at the University of Newcastle.

Prior to academia, Lisa practised commercial law in Australia at Corrs Chambers Westgarth and in Vietnam at Baker & McKenzie, where she developed expertise inÌý WTO law, dispute resolution, and general commercial practice.Ìý She has worked across East, Southeast, and Central Asia on international law and dispute resolution projects funded by the Australian, US and Canadian governments and with international donors such as the Asian Development Bank.Ìý These projects have developed trade law and dispute resolution capacity within the region, including in Vietnam, Azerbaijan and Myanmar, and through work in Australia with visiting delegations from Thailand, China, and Iraq.ÌýÌý She has taught as a visiting professor at the Centre Franco-Vietnamien de Formation à la Gestion at the National Economics University of Vietnam, at Naresuan University Thailand,Ìý at the University of Lausanne, and at the National Taipei University of Business.
Phone
+61 2 9385 9519
E-mail
l.toohey@unsw.edu.au
Location
Room 248 Law Building
  • Books | 2018
    Moon G; Toohey L, 2018, The Future of International Economic Integration The Embedded Liberalism Compromise Revisited, Cambridge University Press,
  • Book Chapters | 2022
    Toohey L; Moore M; Rayment S, 2022, 'Teaching innovation in the age of technology: Educating lawyers for digital disruption using visually-oriented legal design principles', in Design in Legal Education, pp. 81 - 96,
    Book Chapters | 2021
    Toohey L, 2021, 'Trade Law Architecture after the Fourth Industrial Revolution', in Artificial Intelligence and International Economic Law, Cambridge University Press, pp. 337 - 352,
    Book Chapters | 2020
    Toohey L, 2020, 'Wine Law in Australia', in Wine Law and Policy, Brill | Nijhoff, pp. 175 - 196,
    Book Chapters | 2020
    Toohey L, 2020, 'Wine Law in Australia: Challenges of Local Identity in a Global Marketplace', in Wine Law and Policy: from National Terroirs to a Global Market, pp. 175 - 196,
    Book Chapters | 2018
    Moon G; Toohey L, 2018, 'Introduction to the Embedded Liberalism Compromise', in The Future of International Economic Integration: The embedded liberalism compromise revisited, pp. 3 - 11,
    Book Chapters | 2018
    Moon GF; Nolan J, 2018, 'Embedded Liberalism and Global Business: Domestic stability versus corporate autonomy?', in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited, Cambridge University Press,
    Book Chapters | 2018
    Moon GF; Toohey L, 2018, 'Introduction to the Embedded Liberalism Compromise', in The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited, Cambridge University Press, pp. 1 - 11,
    Book Chapters | 2018
    Moon GF, 2018, 'Universal Human Rights in the Embedded Liberalism Compromise', in Moon G; Toohey L (ed.), The Future of International Economic Integration: The Embedded Liberalism Compromise Revisited, Cambridge University Press,
    Book Chapters | 2018
    Toohey L, 2018, 'The Embedded Liberalism Compromise As a Touchstone in Times of Political Turmoil', in The Future of International Economic Integration: The embedded liberalism compromise revisited, pp. 31 - 41,
    Book Chapters | 2017
    Toohey L, 2017, 'Dispute Settlement in the TPP and the WTO: Which Way Will Asian TPP Members Turn?', in Economics, Law, and Institutions in Asia Pacific, pp. 87 - 104,
    Book Chapters | 2017
    Toohey L, 2017, 'Observing the small gestures: Human rights vectors in the Vietnamese trade law environment', in Local Engagement with International Economic Law and Human Rights, pp. 198 - 211
    Book Chapters | 2015
    Picker CB; Toohey LC, 2015, 'The Role of Legal Culture in an Increasingly Heterogeneous WTO', in Choi WM (ed.), International Economic Law: The Asia-Pacific Perspectives, pp. 2 - 21
    Book Chapters | 2015
    Toohey L; Picker C, 2015, 'China in the International Economic Order: New Directions and Changing Paradigms', in Toohey L; Picker C; Greenacre J (ed.), China in the International Economic Order: New Directions and Changing Paradigms, Cambridge University Press, UK, pp. 1 - 10,
    Book Chapters | 2015
    Toohey L, 2015, 'Regarding China: Images of China in the International Economic Order', in Toohey L; Picker C; Greenacre J (ed.), China in the International Economic Order New Directions and Changing Paradigms, Cambridge University Press, UK, pp. 27 - 42
    Book Chapters | 2011
    Toohey L, 2011, 'When ‘failure’ indicates success: Understanding trade disputes between ASEAN members', in Buckley R; Hu RW; Arner D (ed.), East Asian Economic Integration: Law, Trade and Finance, Edward Elgar, London, pp. 150 - 182,
    Book Chapters | 2008
    Toohey L, 2008, 'Stepping Stones and Stumbling Blocks: Vietnam’s Regional Trade Arrangements and WTO Accession', in Buckley RP; Lo VI; Boulle L (ed.), The Challenge to Globalisation: Regional and Preferential Trade Agreements, Kluwer Law International, The Netherlands, pp. 65,
  • Edited Books | 2015
    Toohey LC; Picker CB; Greenacre J, (eds.), 2015, China in the International Economic Order, Cambridge University Press
  • Journal articles | 2024
    Fan K; Qiao L; Andersen CB; Schroeter UG; Toohey L, 2024, 'Incorporation by Reference of General Terms and Conditions into a CISG Contract: The Experts Debate', Vindobona Journal of International Commercial Law and Arbitration, 25, pp. 83 - 97,
    Journal articles | 2024
    Rigby S; Toohey D; Toohey L; McNamara D, 2024, 'Legal Education for Non-Lawyers as ‘Legal First Aid’: A Participatory Inquiry into Law for Social Work Students', Legal Education Review, 34,
    Journal articles | 2023
    Linnane D; McNamara D; Toohey L, 2023, 'Ensuring universal access: The case for Medicare in prison', Alternative Law Journal, 48, pp. 102 - 109,
    Journal articles | 2023
    Sobel-Read K; Toohey L; Gray T; Toohey D; Stenstrom H, 2023, 'Building bridges: using existing law to support the cultural self-determination of Aboriginal and Torres Strait Islander businesses and communities', Griffith Law Review, 32, pp. 149 - 174,
    Journal articles | 2023
    Zan B; Andersen CB; Toohey L, 2023, 'Assessing the efficacy of visual contracts: an empirical study of transaction costs', Applied Economics, 55, pp. 4712 - 4726,
    Journal articles | 2020
    Partridge H; McAllister L; Toohey L; Field R; Crowe J; Allcock A, 2020, 'Understanding the information experiences of parents involved in negotiating post-separation parenting arrangements', Journal of Librarianship and Information Science, 52, pp. 184 - 196,
    Journal articles | 2019
    Crowe J; Field R; Toohey L; Partridge H; McAllister L, 2019, '‘I’ll just Google that!’ Online searches and the post-separation family law information experience', Alternative Law Journal, 44, pp. 108 - 113,
    Journal articles | 2019
    Toohey L; Moore M; Dart K; Toohey D, 2019, 'MEETING THE ACCESS TO CIVIL JUSTICE CHALLENGE: DIGITAL INCLUSION, ALGORITHMIC JUSTICE, AND HUMAN-CENTRED DESIGN', MACQUARIE LAW JOURNAL, 19, pp. 133 - 156,
    Journal articles | 2018
    Chang-Fa L; Junji N; Rajesh S; Tsai-Yu L; Lisa T; Joseph WK; Jaemin L; Tomohiko K; Anuradha RV; Julien C; Rajesh Babu R, 2018, 'Draft rules of procedure for mediation conducted under the Asia-pacific regional mediation organization', Asian Journal of WTO and International Health Law and Policy, 13, pp. 17 - 26
    Journal articles | 2018
    Crowe J; Field R; Toohey L; Partridge H; McAllister L, 2018, 'Bargaining in the Shadow of the Folk Law: Expanding the Concept of the Shadow of the Law in Family Dispute Resolution', SYDNEY LAW REVIEW, 40, pp. 319 - 338,
    Journal articles | 2018
    Crowe J; Field R; Toohey L; Partridge H; McAllister L, 2018, 'Understanding the Legal Information Experience of Non-lawyers: Lessons from the Family Law Context', JOURNAL OF JUDICIAL ADMINISTRATION, 27, pp. 137 - 147,
    Journal articles | 2018
    Lo CF; Nakagawa J; Sharma R; Lin TY; Toohey L; Koesnaidi JW; Lee J; Kobayashi T; Anuradha RV; Chaisse J; Rajesh Babu R, 2018, 'The draft agreement and the draft rules of procedure: Draft"agreementontheestablishmentoftheasia-pacificregionalmediationorganization', Asian Journal of WTO and International Health Law and Policy, 13, pp. 5 - 16
    Journal articles | 2018
    Toohey L, 2018, 'Enhancing mediation in the Asia-Pacific: The interaction of the ARMO regime with existing dispute settlement mechanisms', Asian Journal of WTO and International Health Law and Policy, 13, pp. 63 - 80
    Journal articles | 2014
    Toohey L; Crowe J, 2014, 'The Illusory Reference of the Transitional State and Non-Market Economy Status', The Chinese Journal of Comparative Law, 2, pp. 314 - 336,
    Journal articles | 2014
    Toohey L, 2014, 'Accession as dialogue: Epistemic communities and the world trade organization', Leiden Journal of International Law, 27, pp. 397 - 418,
    Journal articles | 2014
    Toohey L, 2014, 'REINVIGORATING THE WTO FROM THE INSIDE OUT - REVISITING THE ROLE OF THE SECRETARIAT', ASIAN JOURNAL OF WTO & INTERNATIONAL HEALTH LAW AND POLICY, 9, pp. 385 - 405,
    Journal articles | 2013
    Toohey L; Curnow K, 2013, 'A focus on process: Procedures to address disputes about end of life decisions', Australasian Dispute Resolution Journal, 24, pp. 45 - 53,
    Journal articles | 2012
    Toohey L; Picker C, 2012, 'Legal culture and trade disputes: Vietnam's increasing capacity to engage with the WTO', Jurisprudence Journal, 10, pp. 105 - 111,
    Journal articles | 2012
    Toohey L; Toohey D, 2012, 'ACHIEVING QUALITY OUTCOMES IN COMMUNITY TITLES DISPUTES: A THERAPEUTIC JURISPRUDENCE APPROACH', MONASH UNIVERSITY LAW REVIEW, 38, pp. 298 - 316,
    Journal articles | 2012
    Toohey L, 2012, 'Barriers to Universal Membership of the World Trade Organization', Australian International Law Journal, 19, pp. 97 - 116,
    Journal articles | 2011
    Toohey L; Toohey , 2011, 'Achieving Quality Outcomes in Community Titles Disputes: A Therapeutic Jurisprudence Approach', Monash University Law Review, 37, pp. 298
    Journal articles | 2011
    Toohey L, 2011, 'China and the World Trade Organization: The First Decade', International and Comparative Law Quarterly, 60, pp. 788 - 798,
    Journal articles | 2010
    Toohey L, 2010, 'Judicialization, Juridification, and Legalization: Themes in Comparative Legal Scholarship of Vietnam', LawAsia Journal, 2010, pp. 179
    Journal articles | 2009
    Toohey L; Crowe J, 2009, 'From Good Intentions to Ethical Outcomes: The Paramountcy of Children’s Interests In the Family Law Act', Melbourne University Law Review, 33, pp. 391 - 414,
    Journal articles | 2005
    Toohey L, 2005, '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, 9, pp. 235 - 255
    Journal articles | 2005
    Toohey L, 2005, 'Compensation for Agent Orange in Vietnam', Willamette Journal of International Law and Dispute Resolution, 13, pp. 287 - 319,
    Journal articles | 2005
    Toohey L, 2005, 'WTO and East Asia: New Perspectives', LAWASIA Journal, 16, pp. 201 - 203,
    Journal articles | 2003
    Toohey L, 2003, 'Rights, Remedies and Relationships: Resolving Disputes Through Mediation', Intellectual Property Forum, 55, pp. 24 - 29
  • Reports | 2022
    Toohey L; McNamara D; Linnane D, 2022, Medicare in prisons : The case for reform, Sydney, ,
    Conference Papers | 2021
    Dupuis I; Toohey L; Grimstad S; Follong B; Bucher T, 2021, 'Blockchain: The Paradox of Consumer Trust in a Trustless System - A Systematic Review', in Proceedings - 2021 IEEE International Conference on Blockchain, Blockchain 2021, pp. 505 - 512,
    Conference Papers | 2008
    Toohey DLC, 2008, 'Accession as Dialogue: Epistemic Communities and the Vietnamese Accession', in SSRN Electronic Journal, Elsevier BV, London, presented at Society of International Economic Law (SIEL) Inaugural Conference, London, 15 July 2008,
    Conference Papers | 2004
    Toohey L, 2004, 'Hearing the developing voice in the WTO: The role of civil society in the WTO's dispute settlement process', in Development on the Edge, Centre of Development Studies: University of Auckland, Auckland, New Zealand, pp. 59 - 63, presented at 4th Biennial Conference of the Aoteroa New Zealand, Auckland, New Zealand, 03 December 2004 - 05 December 2004
    Preprints |
    Partridge H; McAllister L; Toohey L; Field R; Crowe J; Allcock A, Understanding the Information Experiences of Parents Involved in Negotiating Post-separation Parenting Arrangements,
    Preprints |
    Toohey L; Wagner M; Thurbon E; Sheargold E; Mackay L, Weaponised Trade: Mapping the Issues for Australia, ,
  • Media | 2020
    Zhou W; Toohey L, 2020, Taking China to the World Trade Organisation plants a seed. It won’t be a quick or easy win, The Conversation, ,

I am currently lead CI on two major (Cat 1) grants:

  • Global Agricultural Trade and Traceability: International Models and FutureÌýArchitecture. Funded under the National Agriculture Traceability Grants Program,ÌýDepartment of Agriculture, Fisheries and Forestry (2024-2025)
  • Australia and Weaponised Trade: Threats and Responses. Funded under the Strategic Research Grants Program, Department of Defence.(2022-2024)

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Past Grants and Consultancies

  • Confidential applied WTO Law research for government. Ìý (2024, Cat 2)
  • Visual Communication of legal information in criminal public defence: a pilot study (2022, University of Newcastle)
  • Blockchain and Wine Provenance: Blockchain-enabled information technologiesÌýand their influence over consumers’ purchasing behaviour (2021-2024, Industry Consortium-funded, Cat 3)
  • Legal Design & Innovation (2018-2020, Industry-funded Cat 3)
  • Confidential needs analysis and legal design thinking workshop for government to regulatory capacity of frontline departmental staff (2020-2021 Cat 3)
  • Mentoring women from regional Australia to realise their educational andÌýcareer aspirations in business and law.ÌýÌý (2017, Cat 1, Department of Education and Training)
  • Commercial Law and Legal Education in Myanmar (2016-207, Cat 3)
  • The China-Australia Free Trade Agreement: Implications for Australian Services Suppliers and China's Services Sector (2016, Shanghai Jiao Tong University/University of New South Wales Collaborative Research Fund)
  • USAID: Designing and delivering continuing legal education for Vietnamese lawyers under the Governance for Inclusive Growth Program (2016).
  • The Trans-Pacific Partnership: A Model for Economic Governance? (2015, University of Melbourne)Ìý
  • The Embedded Liberalism Compromise Revisited: Twenty Years of Domestic Policy Under WTO Law (2015, University of New South Wales)
  • Thai Government: Dispute Resolution training for Thai Judges (2014-2015).
  • Access of Australian Exporters to International Mechanisms for the Settlement of Trade Disputes (2014, University of New South Wales)
  • Access to Legal Information – A Pilot Study (2013, Australian Institute of Judicial Administration).
  • Australian Aid Agency: Domestic Strategies for WTO Engagement for Government officials from Iraq (2012).
  • Australian Legal Structures and Processes (2012, Shanghai Police College).
  • Legal Dimensions of Innovation (2012, Guangzhou Municipal Intermediate People’s Court).
  • WTO Advanced Legal Research & Training Program for Vietnamese Government Officials (2008, CIDA-Funded Legal Reform Assistance Project).
  • Dispute Resolution and Tenants in Community Title Schemes (2007, Queensland Department of Justice and Attorney General).
  • Azerbaijan Commercial Law and Dispute Resolution needs analysis (2003-2004, American Bar Association).
  • Curriculum design for the Legal and Judicial Reforms Project for Sri Lankan officials from the Ministry of Justice (2000 – 2001, World Bank).
  • US-Vietnam Support for Trade Acceleration and Reform for Vietnamese officials (USAID STAR Project with Baker & McKenzie) (2001-2002).

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My Teaching

Across more than two decades as an academic, I have taught a range of courses:

  • International Law, including peaceful settlement of international disputes, law in a global context, and issues in WTO Law.
  • Dispute Resolution, including mediation, dispute skills, and civil procedure.Ìý
  • Innovation and Lawyering skills, including negotiation, client skills, conflict resolution, legal design and innovation.
  • Introduction to law, especially law for international postgraduate students.
  • Commercial law, including equity and trusts.
  • Law for non-lawyers, particularly business law.

I have also coached moot teams, primarily for the Willem C Vis International Commercial Arbitration Moot, supervised individual research projects, and run Work-Integrated Learning (WIL) Projects.