Neha Mishra

  • Neha Mishra

    PhD candidate

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Neha is a doctoral candidate at Melbourne Law School. She has previously practised law with Herbert Smith Freshfields LLP in London and Economic Laws Practice in Delhi. She has also served as a lecturer at National Law School of India University (NLS) teaching competition law and public international law. Neha has completed her undergraduate degree in law from NLS, LLM from London School of Economics, and Master in Public Policy from National University of Singapore, where she held the Kewalram Chanrai Fellowship. While completing her studies in Singapore, Neha interned with the Government Relations team at eBay, and collaborated with them on a long-term research project on e-payments regulations in the ASEAN region. She also interned with Legal and Corporate Affairs team in Microsoft, and worked on a variety of matters related to legal and policy issues in the digital technology industry. Neha’s  doctoral thesis is focused on studying the linkages between international trade law and internet governance. More specifically, her thesis focuses on government measures that restrict data flows through the internet, and create barriers to digital trade.The objective of her thesis is to derive a legal and policy framework that balances the objectives of international trade law with policy goals in internet governance. Her doctoral studies are currently funded by the Australian Postgraduate Awards and the Endeavour IPRS.

Thesis Title


When Data Flows Across Borders: Aligning International Trade Law with Internet Policy Objectives

Thesis Summary


Governmental measures restricting the flow of data through the internet create significant barriers to trade in digital services, such as cloud-computing services, potentially violating provisions in international trade agreements. This thesis argues that internet governance principles can and should be used in interpreting, applying and reforming international trade law (under the World Trade Organization and Preferential Trade Agreements) to facilitate data flows and liberalise trade in digital services. Internet data flows are governed by policies and technical protocols developed by the multistakeholder internet community, which includes States, the private sector, civil society, and international organisations. These policies and protocols reflect underlying principles of internet governance, namely internet openness, security and trust. Greater consideration of these principles in international trade law would assist in enhancing coherence, balance and predictability in the regulation of data flows.

Supervisors

  • International Trade Law
  • Internet Governance