Diane Desierto

About/Bio

Prof. Dr. Diane Desierto (JSD, Yale) is Professor of Law and Global Affairs, and LLM Faculty Director at Notre Dame Law School, with a joint appointment at the Keough School of Global Affairs at the University of Notre Dame (USA). She is a Faculty Fellow in five of the University's Institutes (Klau Center for Civil and Human Rights, Kellogg Institute of International Studies, Liu Institute for Asia and Asian Studies, Pulte Institute for Global Development, and Nanovic Institute of European Studies); Professor of International Law and Human Rights at the Philippines Judicial Academy, and Co-PI of the Notre Dame Reparations Design and Compliance Lab. Diane formerly clerked at the International Court of Justice, served as Director of Studies (and Faculty) at the Hague Academy of International Law, was Legal Adviser to the Philippines' Senate President and Vice-Chairman of the Senate Committee on Foreign Relations; serves as Resource Expert for ASEAN, the Asian Development Bank, EU External Action Service, USAID, and the UN Intergovernmental Working Group on the Right to Development. She teaches, publishes, and practices in the areas of public international law, international economic law and development, international human rights law and international humanitarian law, international arbitration and dispute settlement, maritime security, and all areas of ASEAN Law. Diane is a designated Affiliate of the International Criminal Court (ICC) Bar Association; counsel for Southeast Asia-related international claims and sovereign arbitration disputes where she has been successively hailed as one of the "Future Leaders in Arbitration" by Who's Who Legal; Member of the Advisory Board of Oxford Investment Claims and Co-Chair of the Oxford Investment Academy; Member of the Academic Forum for the UNCITRAL Working Group on Reform of ISDS; Member of the Drafting Team for the Hague Rules on Business and Human Rights Arbitration; Academic Council Member of the Institute of Transnational Arbitration; Listed Arbitrator of the British Virgin Islands Arbitration Centre; and Scientific Advisory Board Member for the European Journal of International Law.

Recently Published

Republic of Argentina v. NML Capital Ltd.: The Global Reach of Creditor Execution on Sovereign Assets and The Case for an International Treaty on Sovereign Restructuring

 On June 16, the United States Supreme Court (SCOTUS) (Sculpture of Contemplation of Justice at the US Supreme Court, above left, credit) issued its judgment (penned by Justice Antonin Scalia) in Republic of Argentina v. NML Capital Ltd., affirming the Second Circuit Court of Appeals decision holding that the Foreign Sovereign Immunities Act…

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Evidence in Environmental/Scientific Exceptions: Some Contrasts between the WTO Panel Report in China-Rare Earths and the ICJ Judgment in Whaling in the Antarctic

Two significant international decisions involving environmental protection claims were issued within the last few days of March 2014.  On 26 March 2014, a World Trade Organization (WTO) Panel issued its Report in China-Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum (hereafter, China-Rare Earths), which held, among others, that "China may not seek to justify the export…

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The Right to Regulate for Public Morals Upheld (Somewhat): The WTO Panel Report in EC-Seal Products

There have been few interpretations of Article XX(a) of the General Agreement on Tariffs and Trade (GATT 1994) - the  specific exception that justifies what would ordinarily be a State's GATT-inconsistent measure, unless such measure is deemed "necessary to protect public morals".  As with any of the ten enumerated exceptions under Article XX of GATT 1994, a State invoking GATT…

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