Dr An Hertogen
Lic Jur Leuven, LLM Columbia, PhD Auckland
An completed her undergraduate law degree at the KU Leuven in Belgium. She also holds an LL.M from Columbia University, and a PhD from the University of Auckland. Before starting her PhD, she practised in competition law in Brussels and Auckland.
Research | Current
Funded by a Marsden Fund Fast-Start grant, An is exploring the potential of “good neighbourliness” as a foundation for legal restrictions on states’ sovereign decisions in a world characterised by increasing interdependence. Obligations of good neighbourliness have developed in international environmental law to deal with the negative impact of a state’s decisions on the physical environment of another state. Yet, states’ decisions can cause a non-physical impact on another state, for example when they affect another state’s economy. International law has no clear answer on how to deal with non-physical impacts. An's research draws on the history of “good neighbourliness” in Roman law, municipal law, and international environmental law, to explore the concept’s potential as a foundation for legal restrictions on states' sovereign decisions that have a non-physical impact on other states.
International Law in Aotearoa/New Zealand
An recently finalized an edited book on International Law in Aotearoa New Zealand with Dr Anna Hood. The goal of the edited volume is to introduce international law from a New Zealand perspective. The focus is on evaluating how international law shapes New Zealand and works with(in) its legal system, as well as on New Zealand’s interaction with, contribution to, and attitude towards international law. The project is supported by a grant from the University of Auckland and funding from the Australian New Zealand Society of International Law. An has contributed two chapters: one studying New Zealanders who have been international judges, and another on New Zealand's international law academics.
Regulation of economic activity
An maintains an interest in the substance of states' regulation of economic activity, and particularly in competition and consumer law.
Teaching | Current
Semester 2, 2021: LAWCOMM456 - Secured Credit
Semester 1, 2022: LAWPUBL432 - International Economic Regulation and LAWCOMM456 - Secured Credit
Semester 2, 2022: LAWPUBL465 - International Law in Aotearoa New Zealand
An welcomes inquiries from potential research students in international law, with a particular focus on the limits of state sovereignty and the duties of sovereign states towards others in a global economy, and in consumer law issues.
Faculty Adviser for Students from Refugee Backgrounds
Areas of expertise
International Law, with an emphasis on international economic law
Europe Institute, Member of the Advisory Board
Selected publications and creative works (Research Outputs)
- Hertogen, A. K. (2020). The Legal Implications of the Global Financial Crisis for Financial Services Liberalization. The Legal Implications of Global Financial Crises = Les implications juridiques des crises financières de caractère mondial (pp. 160-184). Leiden: Brill. Related URL.
- Hertogen, A. (2018). The Persuasiveness of Domestic Law Analogies in International Law. European Journal of International Law, 29 (4), 1127-1148. 10.1093/ejil/chy066
- Hertogen, A. K. (2018). International Economic Law. New Zealand Yearbook of International Law, 16, 322-331.
- Hertogen, A. (2017). NZME/Fairfax: Did the Commerce Commission knock the stuffing out of the public benefit test?. New Zealand Universities Law Review, 27 (4B), 1162-1184.
- Hertogen, A. (2015). Letting lotus bloom. European Journal of International Law, 26 (4), 901-926. 10.1093/ejil/chv072
- Hertogen, A. (2014). The forgotten GATT articles on exchange rates. In F. Baetens, J. Caiado (Eds.) Frontiers of international economic law: Legal tools to confront interdisciplinary challenges (pp. 3-21). Leiden, Netherlands: Brill. 10.1163/9789004270190_002
- Hertogen, A. (2012). Sovereignty as decisional independence over domestic affairs: The dispute over aviation in the EU emissions trading system. Transnational Environmental Law, 1 (2), 281-301. 10.1017/S204710251200012X
Primary office location
17 EDEN CRESCENT - Bldg 803
Level 3, Room 322
17 EDEN CRES