Neha Mishra

Lecturer
B.A.LL.B. (NLSIU); LLM (LSE); MPP(NUS); PhD (Unimelb)

home icon

mail icon ANU College of Law, 5 Fellows Rd, Acton ACT 2600

 

Research Themes

Biography

Neha Mishra is a lecturer at the ANU College of Law. She was previously postdoctoral fellow at the Centre for International Law, National University of Singapore. Neha holds a doctorate degree in law from the University of Melbourne (Australia). Her thesis, investigating how international trade agreements apply to government restrictions on cross-border data flows, was awarded the 2019 Harold Luntz Graduate Research Prize for the best thesis in Melbourne Law School and the 2020 University of Melbourne Chancellor’s Prize for Excellence in the PhD Thesis. Neha has also held visiting research positions at the Max Planck Institute Luxembourg and the World Trade Organization. She completed her undergraduate degree in law from National Law School Bangalore (India), LLM in Public International Law from London School of Economics (UK), and Master’s in Public Policy from National University of Singapore (Singapore). Neha is a dual-qualified lawyer (UK and India) and has previously practised law with Herbert Smith Freehills LLP in London and Economic Laws Practice in Delhi. She also served as a lecturer at National Law School of India University (Bangalore). While studying in Singapore, Neha also interned with the Government Relations Teams at eBay Singapore and Microsoft Singapore, working on a wide variety of legal and policy issues related to internet and digital trade regulation.

Appointments

Lecturer, ANU College of Law (Current)

Affiliate Fellow, Centre for Public Policy Research (India), 2020 – present

Significant research publications

When International Trade Law Meets Data Ethics: A Brave New World, 23(1) NYU Journal of International Law & Policy 305-79 (2021).

The Trade -(Cyber)security Dilemma and its Impact on Global Cybersecurity Governance, 54(4) Journal of World Trade 567-590 (2020).

Privacy, Cybersecurity and GATS Article XIV: A New Frontier for Trade and Internet Regulation?, 19(3) World Trade Review 341-64 (2020).

Building Bridges: International Trade Law, Internet Governance and the Regulation of Data Flows, 52 (2) Vanderbilt Journal of Transnational Law 463-509 (2019).

The Role of the Trans-Pacific Partnership in the Internet Ecosystem, 20 (1) Journal of International Economic Law 31-60 (2017).

Upcoming events

28
Oct
2021
Perspectives from Indian competition law on unilateral conduct
2.30PM to 3.30PM Webinar

This lecture will focus on the legal and economic standards used by the Competition Commission of India in vertical restraints and abuse of dominance cases. It will trace the Competition Commission of India’s evolving approach to unilateral conduct, relying on a comprehensive review of all its decisions to date.

Research biography

Researching on international economic issues of the digital economy and the interface of international economic law with the global data governance framework. 

Grants

Connecting the Global to the Local: How Global E-Commerce Can Empower Cottage Industries in India, with a Case Study of the Khadi sector (Research Project with Monash University and Centre for Public Policy Research); Project report due: August 2021; Grant amount: US$32,000; Grant agency: Atlas Network.

Consultancies

Consultant for UNCTAD Digital Economy Report 2021 

Consultant for UNESCAP Asia-Pacific Regional Integration: Measuring, Monitoring and Improving Performance for Sustainable Development.

Book chapters

Data Ethics and International Trade Law: Possibilities and Challenges in Shin-yi Peng et al, Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration (Cambridge University Press, 2021).

WTO Law and Cross-Border Data Flows: An Unfinished Agenda (with Andrew Mitchell) in Mira Burri (ed), Big Data and Global Trade Law (Cambridge University Press, 2021).

Refereed journal articles

When International Trade Law Meets Data Ethics: A Brave New World, 23(1) NYU Journal of International Law & Policy 305-79 (2021).

The Trade -(Cyber)security Dilemma and its Impact on Global Cybersecurity Governance, 54(4) Journal of World Trade 567-590 (2020).

Privacy, Cybersecurity and GATS Article XIV: A New Frontier for Trade and Internet Regulation?, 19(3) World Trade Review 341-64 (2020).

Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute (with Andrew Mitchell), 22(3) Journal of International Economic Law 389-416 (2019).

Building Bridges: International Trade Law, Internet Governance and the Regulation of Data Flows, 52 (2) Vanderbilt Journal of Transnational Law 463-509 (2019).

Data at the Docks: Modernising International Trade Law for the Digital Economy (with Andrew Mitchell), 20(4) Vanderbilt Journal of Entertainment and Technology Law 1073- 1134(2018).

The Role of the Trans-Pacific Partnership in the Internet Ecosystem, 20 (1) Journal of International Economic Law 31-60 (2017).

Dear Prudence: Allowances under International Trade and Investment Law for Prudential Regulation in the Financial Services Sector (With Andrew Mitchell and Jennifer Hawkins), 19 (4) Journal of International Economic Law 787-820 (2016).

Data Localization Laws in a Digital World: Data Protection or Data Protectionism? 4(1) The Public Sphere: Journal of Public Policy 135-158 (2016).

Food Security through WTO Rules: Should the Policy Space be Expanded, The Public Sphere (January 2015).

Registration of Non-traditional Trademarks, 13(1) Journal of Intellectual Property Rights 35-42 (2008).

Conference papers & presentations

Panelist, Data Sovereignty along the Digital Silk Road, 5-6 January 2021, organised by Georgetown University and University of Hong Kong (Presentation entitled ‘India’s Data Sovereignty Approach’).

Panelist, Taiwan Internet Governance Forum, 11-12 November 2020; Session on ‘The WTO's Digital Trade Initiative: Implications for Asian Policies’.

Panelist, Geneva Trade Week, 29 September 2020; Session on ‘Competition and Innovation in the Digital Age’ (Presentation on ‘Cybersecurity in Digital Trade’).

Panelist, International Law and Security Interests Conference, University of Amsterdam, 14-15 November 2019 (Paper titled ‘Unravelling the Trade – Cybersecurity Dilemma: Justifying Cybersecurity Measures in International Trade Law’).

Panelist, 6th Biennial Conference of the Asian International Economic Law Network, Taipei, 26-27 October 2019 (Paper titled ‘Data Ethics and International Trade Law: Possibilities and Challenges’).

Panelist, WTO Public Forum 2019 on ‘The Next Generation and Trust in the Internet: Best Practices for Addressing Cross-Border Legal Challenges’, 11 October 2019.

Panelist, 8th PEPA SIEL Conference, King's College London, 30-31 May 2019 (Paper titled ‘Justifying Cybersecurity Measures Under Security Exceptions in International Trade Law’).

Commissioned reports

Background Paper, UNCTAD Information Economy Report 2021.

Digital Trade Integration in Preferential Trade Agreements (with Andrew Mitchell), UNESCAP ARTNeT Working Paper Series, no. 191 (2020).

International Trade, Internet Governance and the Shaping of the Digital Economy, UNESCAP ARTNeT Working Paper Series, No. 168 (2017).

International Trade Law Perspectives on Paperless Trade and Inclusive Digital Trade (with Andrew Mitchell), UNESCAP ARTNeT Working Paper Series, No. 170 (2017).

Government submissions

Future of Digital Trade Rules Consultation (with Andrew Mitchell), Public Consultation by the Department Foreign Affairs and Trade (Government of Australia), August 2020.

Inquiry into the Trade System and the Digital Economy (with Andrew Mitchell), Public Consultation by the Joint Standing Committee on Trade and Investment Growth (Government of Australia), March 2018

Committees

External Organisations

  • Affiliate Fellow, Centre for Public Policy Research (India)

Internal ANU Committees

  • Member, Examinations Committee. 

Other

Recipient of the University of Melbourne Chancellor’s Prize for Excellence in the PhD Thesis, 2020.

Recipient of the Harold Luntz Graduate Research Thesis Prize, 2019 (awarded to the best thesis in Melbourne Law School in 2019).

Recipient of the John H Jackson Prize, 2017 (Shared with Andrew Mitchell and Jennifer Hawkins) (awarded annually to the article or other contribution in the Journal of International Economic Law that most significantly breaks new ground and adds new insights to the study and understanding of international economic law, especially in fields beyond a self-contained analysis of WTO law).

Recipient of Australian Postgraduate Award and International Postgraduate Research Scholarship, 2016-19.

Recipient of Melbourne Research Scholarship, 2015-16.

Recipient of the Lee Kuan Yew School of Public Policy Kewalram Chanrai Award, 2013-15.

    PhD supervision

    I am willing to supervise in the areas:

    • International Economic Law 
    • Digital Trade 
    • Data Governance 

    SJD supervision

    I am willing to supervise in the areas:

    • International Economic Law 
    • Digital Trade 
    • Data Governance 

    MPhil supervision

    I am willing to supervise in the areas:

    • International Economic Law 
    • Digital Trade 
    • Data Governance 

    LLM Masters thesis supervision

    I am willing to supervise in the areas:

    • International Economic Law 
    • Digital Trade 
    • Data Governance 

    Honours thesis supervision

    I am willing to supervise in the areas:

    • International Economic Law 
    • Digital Trade 
    • Data Governance 

    Current courses

    Year Course code Course name
    2021 LAWS8405
    Class #4645
    Artificial Intelligence, Law & Society
    2021 LAWS4255
    Class #7301
    Competition Law
    2021 LAWS8154
    Class #7302
    Competition Law

    Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team