Publications Professor Tsai-yu Lin A. BOOKS Julien Chaisse & Tsai-yu Lin (eds.) (2016), International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita (Oxford University Press). (forthcoming) Tsai-yu Lin (2011), Cross-cutting Issues under the WTO: Non-economic Concerns and Enhancement of Healthier Trade Ties, (Angle Publishing, 2011) (310pp) (in English) Tsai-yu Lin (2011), WTO Law and Practice, Studies in World Trade Organization, vol. III (Angle Publishing) (405pp) (in Chang-fa Lo, Tsai-yu Lin and Pei-kan Yang (eds.) (2011), Important Contemporary Public Health Issues in Both Sides of Taiwan Strait (Angle Publishing) (316pp) (in Tsai-yu Lin (2009), Legal Issues in Trade and Public Health, Studies in World Trade Organization, vol. II (Angle Publishing, 2009) (334pp) (in Li Huang, Catherine Lee and Tsai-yu Lin (2009), WTO International Trade Law (Angle Publishing, 4 th edition) (335pp) (in Tsai-yu Lin (2006), WTO Trade Remedy & Dispute Settlement, Studies in World Trade Organization, vol. 1 (Angle Publishing) (403pp) (in B. BOOK CHAPTER AND JOURNAL PAPERS Tsai-yu Lin (2016), Inter-Mingling TRIPS Obligations with an FET Standard in Investor-State Arbitration: An Emerging Challenge for WTO Law? Journal of World Trade, Vol. 50, No.1. (SSCI Journal) (forthcoming). Tsai-yu Lin (2016), Facilitating Coherent Application of WTO Law within and outside the Organization: Investment Regime as an Example, in Julien Chaisse & Tsai-yu Lin (eds.), International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita, Oxford University Press. (forthcoming) Tsai-yu Lin (2014), The Status of FCTC in the Interpretation of Compensable Indirect Expropriation and the Right to Adopt Stricter Tobacco Control Measures under BITs, Asian Journal of WTO & International Health Law and Policy, Vol.9, No.1, pp. 123-160. (SSCI 1
Journal). Tsai-yu Lin (2014), Disputes Regarding Tobacco Control Measures under Investor-State Arbitration, Chapter 8, in The Global Tobacco Epidemic and the Law (Edward Elgar) (2014), pp. 126-141. Tsai-yu Lin (2014), International Investment Arbitration Proceedings and Public Health: Tobacco Control Dispute as an Example, National Taiwan University Law Journal, Vol.43, No.3, pp. 549-585. (TSSCI Journal) (in Tsai-yu Lin (2013), Preventing Tobacco Companies Interference with Tobacco Control through Investor-State Dispute Settlement under the TPP, Asian Journal of WTO & International Health Law and Policy, Vol.8, No.2, pp.565-582. (SSCI Journal). Tsai-yu Lin (2012), Systemic Reflections on Argentina s Non-Compliance with ICSID Arbitral Awards: A New Role of the Annulment Committee at Enforcement? Contemporary Asia Arbitration Journal, Vol.5, No.1, pp. 1-22. Tsai-yu Lin (2011), Systemic Reflection on the EC-IT Product Case: Establishing an Understanding on Maintaining the Product Coverage of the Current Information Technology Agreement in the Face of Technological Change, Journal of World Trade, Vol.45, No.2, pp. 401-430. (SSCI Journal) Tsai-yu Lin (2010) The Forgotten Role of WHO/International Health Regulations in Trade Responses to 2009 A/H1N1 Influenza Outbreak, Journal of World Trade, Vol.44, No. 3, pp. 515 543. (SSCI Journal) Chang-fa Lo, Tsai-yu Lin and Co-authored with 11 other authors, 2010), The Experience of Reducing Tobacco Growing in Taiwan Government s Intervention Failure and Its Cures, Asian Journal of WTO & International Health Law and Policy, Vol.5, No.1, pp. 207-247. (SSCI Journal) Tsai-yu Lin (2010), Conflict and Harmonization of Dispute Settlement Mechanisms between the WTO and Regional Trade Agreements, National Taiwan University Law Journal, Vol.40, No.1, pp. 393-451. (TSSCI Journal) (in Tsai-yu Lin (2009), How Far can Arbitration Practice as an Alternative Dispute Resolution within the WTO Go? A Perspective on Intellectual Property Dispute, Contemporary Asia Arbitration Journal, Vol.2, No.1, pp. 25-48 Tsai-yu Lin (2009), Compulsory License for Access to Medicines, 2
Expropriation and Investor-State Arbitration under Bilateral Investment Agreements: Are there issues beyond the TRIPS Agreement? IIC-International Review of Intellectual Property and Competition Law, Vol. 40, pp. 152-173. (SSCI Journal) Chang-fa Lo, Tsai-yu Lin and with 11 other authors (2009), Combating against Tobacco Smuggling: Taiwan s Experience, Asian Journal of WTO & International Health Law and Policy, Vol.4, No.1, pp. 249-292. (SSCI Journal) Tsai-yu Lin (2009), The Application of WHO IHR to 2009 A/H1N1 Influenza Pandemic, The Taiwan Law Review, Vol.173, pp.178-197.(in Tsai-yu Lin (2009), Disputes and Resolutions regarding ITA Product Classification in light of Technology Development, FT Law Review & Publications, Vol.163, pp.2-22. (in Tsai-yu Lin (2008), Exploring a Modest Balance for Trade in Tobacco, Anti-Tobacco Smuggling and Health Concerns: in light of the Dominican Republic- Cigarettes Case Asian Journal of WTO & International Health Law and Policy, Vol.3, No.2, pp. 309-340. (SSCI Journal) Tsai-yu Lin (2008), Exploring the Link between Trade and Cultural Protection in the Context of Anti-dumping, Journal of World Trade, Vol. 42, No.3, pp. 563-586. (SSCI Journal) Tsai-yu Lin (2008), Remedies for Export Subsidies in the Context of Article 4 of the SCM Agreement: Rethinking Some Persistent Issues, Asian Journal of WTO & International Health Law and Policy, Vol.3, No.1, March 2008, pp. 21-49. (SSCI Journal) Tsai-yu Lin (2007), Considering the Applicability of the SPS Agreement to GMOs in terms of the Panel Report in EC-Biotech Dispute, National Taiwan University Law Journal, Vol.36, No.4, pp. 257-323. (TSSCI Journal) (in Tsai-yu Lin (2007), Health Services under the GATS: Trade Liberalization and Right to Regulate Health, Chinese (Taiwan) Review of International and Transnational Law, Vol.3, No.2, pp. 439-487.(in Tsai-yu Lin (2006), Regional Procurement Arrangements in East Asia: Some Reflections for the WTO Rules, Asian Journal of WTO & International Health Law and Policy, Vol.1, No.2, pp. 348-378. Tsai-yu Lin (2006), Addressing the Issue of Trade in Services and Public Health in the Case of Tobacco-Are the FCTC Restrictions on Tobacco 3
Advertising Inconsistent with the GATS? The Journal of Word Investment & Trade, Vol.7, No.4, pp. 545-561. Tsai-yu Lin (2006), 2005 Academic Review: International Trade Law, The Taiwan Law Review, Vol.138, pp. 129-135. (in Tsai-yu Lin (2006), The Conflict of Trade in Service and Public Health? The Legality of FCTC Restrictions on Tobacco Advertising in the Context of the GATS, The Taiwan Law Review, Vol.133, pp. 110-124. (in Tsai-yu Lin (2005), WTO Compliance Proceedings under Article 21.5 of DSU and Doha Proposed Reform, The International Lawyer, Vol.39, No.4, pp. 915-936. Tsai-yu Lin (2005), Issues on Regional Trade Agreements and the Application of Safeguards under the WTO, Chengchi Law Review, Vol.86, pp. 179-257. (TSSCI Journal) (in Tsai-yu Lin, Nan-Hsun Chang (2005), The Implications of China s Safeguard Measures for Trade Relations between Taiwan and China, Chengchi Law Review, Vol.83, pp. 259-309. (TSSCI Journal) (in Tsai-yu Lin (2004), Disputes in Implementation of WTO Dispute Settlement Rulings: A Legal Analysis of DSU Article 21.5, Chengchi Law Review, Vol.80, pp. 345-383. (TSSCI Journal) (in Tsai-yu Lin (2004), Issues and Resolutions in Pharmaceutical Patents and Public Health under the WTO TRIPS Agreement, Chengchi Law Review, Vol.78, pp. 268-342. (TSSCI Journal) (in Tsai-yu Lin (2003), WTO 2000 Guatemala-Mexico Dispute Concerning the Definitive Anti-Dumping Measures on Portland Cement(Cement II): A legal Analysis, Chengchi Law Review, Vol.75, pp. 325-382. (TSSCI Journal) (in Tsai-yu Lin (2002), WTO Doha Round and Proposal for Taiwan s Negotiating Position on Anti-dumping, Chengchi Law Review, Vol.72, pp. 262-332. (TSSCI Journal) (in Tsai-yu Lin (2002), The Analysis of WTO Guatemala-Anti-Dumping Investigation Regarding Portland Cement From Mexico, Soochow Journal of Economic and Business, Vol. 36, pp. 79-106.(in Tsai-yu Lin (2002), Developing Countries and WTO Special & Differential Treatment, National Taiwan University Law Journal, Vol.31, No.1, pp. 289-336. (TSSCI Journal) (in Tsai-yu Lin (2001), The Development of Disciplines on State Trading 4
under the WTO, The Taiwan Law Review, Vol. 79, pp. 59-73. (in Tsai-yu Lin (2001), The Labeling of GMO Food in the WTO, in Taiwan s New Trade Age under the WTO (Angle Publishing, August, 2001).(in Tsai-yu Lin (2000), WTO Dispute Settlement and Anti-Competitive Business Practices in International Trade: US-Japan Film Dispute, Chengchi Law Review, Vol.63, pp. 447-470. (TSSCI Journal) (in Tsai-yu Lin, Sing-yu Chen (2000), DRAM Industry and Anti-dumping Challenge: A Case Study of Taiwanese Firms against the United States DRAM Exports, Journal of Import Relief, Vol.17, pp. 1-29. (in Tsai-yu Lin (1999), Anti-Dumping Disputes in the GATT/WTO, Chengchi Law Review, Vol.62, pp. 291-326. (TSSCI Journal) (in Tsai-yu Lin (1999), Trade and Intellectual Property- A GATT/WTO Connection, Journal of Import Relief, Vol.14, 1999, pp. 1-24. Tsai-yu Lin (1998), Phasing out the Anti-dumping in the Free Trade Area, Socioeconomic Law and Institution Review, pp. 229-276. (in Tsai-yu Lin (1998), Anti-Dumping and the Principle of GATT National Treatment, The Taiwan Law Review, No.39, pp. 97-107. (in Tsai-yu Lin (1998), The Reform of Anti-dumping in the Context of International Competition, EURAMERICA, Vol.28, No.2, pp. 77-152. (TSSCI Journal)(in Tsai-yu Lin (1998), Competition Considerations in the Context of Taiwan Anti-dumping Law, Journal of Import Relief, Vol.12, pp. 25-73. (in Tsai-yu Lin (1998), Enacting Public Interests Provisions in the National Anti-dumping Procedures, Journal of Import Relief, Vol.11, pp. 139-180. (in C. CONFERENCE PAPERS (IN ENGLISH) Tsai-yu Lin (2015), Promoting Greater Coherence in Trade and Investment Regimes and FCTC Implementation: A Systemic Perspective on Future Role of the FCTC, 2015 International Conference on FCTC, 26-27 October 2015. Tsai-yu Lin (2015), Is Modifying BIT a Feasible Solution to Limit Investor s Existing Access to Investment Arbitration? 2015 Taipei International 5
Conference on Arbitration and Mediation, organized by Arbitration Association of the Republic of China and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, September 6-7, 2015. Tsai-yu Lin (2015), Establishing Appropriate Dispute Settlement Mechanisms for Disputes Crossing Trade and Investment Chapters under FTAs, 2015 Joint IEL Asia Conference Regionalism in Asia-Pacific and Beyond: Challenges and Opportunities, Bali, Indonesia, 20-21 July 2015. Tsai-yu Lin (2014), Connecting Chapters on Investment and Trade and Dispute Settlement under Free Trade Agreement, 2014 Taipei International Conference on Arbitration and Mediation, organized by Arbitration Association of the Republic of China and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, August 30-31, 2014. Tsai-yu Lin (2014), Inter-Mingling TRIPS with Investor-State Dispute Settlement: A New Means of Enforcing WTO Law? Society of International Economic Law Biennial Conference, Bern, Switzerland (10-12 July 2014). Tsai-yu Lin (2014), Mechanism to Ensure Coherent Interpretation of WTO Rules within and outside the Organization: Investment Regime as an Example, Asia WTO Research Network Annual Conference AWRN at 10: Re-invigorating a Momentum for WTO Negotiations after Bali Conference and Strengthening the Governance of International Trade, held at the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, 14 & 15 June 2014. Tsai-yu Lin (2013), Eli Lilly s Expropriation Challenge against Canada for Pharmaceutical Patent Invalidation: Inter-Mingling TRIPS with Investment Disputes? 2013 Conference on International Health and Trade, organized by Office of International Cooperation, Ministry of Health and Welfare and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, October 1-2, 2013. Tsai-yu Lin (2013), The Use of BIT Remedies for WTO/TRIPS Violations under Investor-State Arbitration, 2013 Taipei International Conference on Arbitration and Mediation, organized by Arbitration Association of the Republic of China and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, August 30-31, 2013. Tsai-yu Lin (2013), Preventing Tobacco Industry Investment Challenge at TPP: Exclusion of Tobacco Control Measures from Investor-State Arbitration, 6
Asia WTO Research Network Annual Conference & ACWH at 10: Asia s Plurilateral Trade Agreements: TPP, ASEAN and Beyond, held at the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, 15 & 16 June 2013. Tsai-yu Lin (2012), Maintaining the Legitimate Stricter Tobacco Control Regulations in Investment Arbitration on Indirect Expropriation, 2012 International Conference on FCTC, held at the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, October 23-24, 2012. Tsai-yu Lin (2011), Will the FCTC Obligations be Relevant in the Context of Investment Arbitration? Reflections from Some Cases, 2011 Taipei International Conference on Arbitration and Mediation, organized by Arbitration Association of the Republic of China and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, September 2, 2011. Tsai-yu Lin (2010), EC-IT Product Case: ITA Product Coverage, Technological Development and Uncertainty, Conference on Trade Remedy, Financial Crisis and the Challenge to the WTO, organized by International Trade Commission and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, October 29, 2010. Tsai-yu Lin (2010), Considering WHO FCTC Obligations in Arbitrating Investment Treaty Dispute: Restrictions on Tobacco Packaging as an Example, 2010 Conference on International Health and Trade, organized by Bureau of International Cooperation, Department of Health and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, July 22, 2010. Tsai-yu Lin (2009), The Stay of Enforcement of ICSID Awards Pending Annulment Proceedings: Recent Decisions Relating to Argentina Financial Crisis, 2009 Taipei International Conference on Arbitration and Mediation, organized by Arbitration Association of the Republic of China and the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, October 16-17, 2009. Tsai-yu Lin (2009), Addressing Alternative Crops to Tobacco Growing: Considerations from the WTO Agreement on Agriculture, 2009 International Conference on FCTC: Control of Demand and Supply of Tobacco and International Trade, held at the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, 7
Taiwan, August 28-29, 2009. Tsai-yu Lin (2009), A Forgotten Role of WHO/International Health Regulations in Trade Responses to 2009 A/H1N1 Influenza Epidemic, Workshop on Public Health: Health Policy, Legal Issues and Trade, organized by Bureau of International Cooperation, Department of Health, Taiwan, July 23-24, 2009. Tsai-yu Lin (2009), Free Trade in Information Technology Goods: Exploring a Guideline for Guarding ITA Covered Products under Technological Changes, 2009 international conference on The Future of the WTO, organized by the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, May 24, 2009. Tsai-yu Lin (2008), Arbitration as an Alternative Dispute Resolution within the WTO: A Perspective on Intellectual Property Dispute, 2008 International Arbitration Conference in Taipei: Mediation, Arbitration and Recent Development, held at the Arbitration Association of the Republic of China, Taipei, Taiwan, November 21, 2008. Tsai-yu Lin (2008), Arbitrating Transnational Disease Controls? Considerations on Dispute Settlement Mechanisms under the WHO International Health Regulations, Workshop on Public Health: International Trade and Domestic legal Issues, Bureau of International Cooperation, Department of Health, Executive Yuan, October 16-17, 2008, Taipei, Taiwan. Tsai-yu Lin (2008), Exploring a Modest Balance for Trade in Tobacco, Anti-Tobacco Smuggling and Health Concerns: in light of the Dominican Republic- Cigarettes Case, 2008 International Conference on Illicit Trade in Tobacco Products, held at the Asian Center for WTO and International Health Law and Policy, College of Law, National Taiwan University, Taipei, Taiwan, August 1-2, 2008. Tsai-yu Lin (2007), Compulsory License, Access to Medicines and Investor-State Arbitration under Bilateral Investment Agreements, 2007 International Conference on Bilateral Investment Agreements: Protection, Promotion, and Development of International Investment, Department of Investment Services, Ministry of Economic Affairs, Taipei, Taiwan, November 28-29, 2007. Tsai-yu Lin (2007), Exploring the Link between Trade and Culture Concerns in Trade Remedy, International Conference on Cultural Diversity under International Trade Regime: Policy and Practices, held at the Asian Center for WTO and International Health Law and Policy, College of Law, National 8
Taiwan University, Taipei, Taiwan, June 28-29, 2007. Tsai-yu Lin (2007), Remedies for Prohibited Export Subsidies under Article 4 of SCM Agreement: Some Observations from A Dispute Settlement Procedural Sense, 2007 International Conference on Policy and Laws of Asia and WTO Rules and Practices of Dispute Settlement Mechanism, held at College of Law, National Taiwan University, Taipei, Taiwan, 11 March 2007. Tsai-yu Lin (2006), Regional Procurement Arrangements in East Asia: Some Reflections For the WTO Rules, 2nd International Conference on Policy and Laws of Asia and WTO Rules, Practices and Policies of Government Procurement, held at College of Law, National Taiwan University, Taipei, Taiwan, July 27, 2006. 9