Diane Desierto

Professor of Law and Global Affairs Director,
Global Human Rights Clinic

Professor of Law and Global Affairs Director, <br> Global Human Rights Clinic
Office
O130C Hesburgh Center For International Studies
Notre Dame, IN 46556
Email
ddesiert@nd.edu

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Diane A. Desierto joined the Law School in January 2021 as Professor of Law and LL.M. Faculty Director, with a joint appointment at the Keough School of Global Affairs. Desierto teaches, publishes, and practices in the areas of international law and human rights, international economic law and development, international arbitration, maritime security, Association of Southeast Asian Nations (ASEAN) Law, and comparative public law. At Notre Dame, Desierto is a Faculty Fellow at the Klau Institute for Civil 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. She is also Co-Principal Investigator of the Notre Dame Reparations Design and Compliance Lab.

Desierto is a Member and former Chair-Rapporteur of the Expert Group of the United Nations Working Group on the Right to Development, Resource Expert for the Association of Southeast Asian Nations (ASEAN), former Director of Studies and Faculty of the Hague Academy of International Law, President of the Friends of the Hague Academy Foundation, and the Philippines Focal Point for the International Criminal Court Bar Association. She is active as international counsel at matters successfully litigated at the Permanent Court of Arbitration, the UN Human Rights Committee, the Philippine Supreme Court and Southeast Asian agencies, and was appointed by the Philippine Supreme Court as Professor of International Law and Human Rights at the Philippines Judicial Academy. Desierto is a Member of the Editorial Boards of the European Journal of International Law (and Editor of its leading international law blog EJIL:Talk!), Journal of World Investment and Trade, and the Global Community Yearbook of International Law and Jurisprudence, and the Kluwer Law monograph series on Human Society and International Law, and also serves on the Scientific Advisory Boards of international journals such as International Law Studies, the Revista Chilena de Derecho, and the Indonesian Journal of International and Comparative Law. Desierto previously taught as tenure-track/tenured law faculty at the University of the Philippines, Peking University School of Transnational Law in China, and the University of Hawaii Richardson School of Law. She is a recipient of faculty fellowships awarded by Stanford University's Center for Advanced Studies in the Behavioral Sciences (CASBS) and the Stanford Center for Human Rights and International Justice, the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, the Humboldt-Potsdam-Berlin Senior Fellowship, the East-West Center in Honolulu, the Grotius Fellowship at University of Michigan Law School, and the National University of Singapore's Asian Law Institute Fellowship. Desierto has served Visiting Professor appointments at the University of Paris-Nanterre X Faculty of Law, University of the Philippines College of Law Graduate Program at Bonifacio Global City, the University of Navarre Faculty of Law in Spain, and Universidad Panamericana Faculty of Law in Mexico City.

Desierto holds JSD and LLM degrees from Yale Law School, as well as JD cum laude class salutatorian and BSc Economics summa cum laude class valedictorian degrees from the University of the Philippines, and was a former Yale Law clerk at the International Court of Justice for H.E. Judges Bruno Simma and Bernardo Sepulveda-Amor. She authored and/or edited several books, such as Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation (Martinus Nijhoff, 2012, recipient of the Ambrose Gherini Prize in International Law at Yale Law), Public Policy in International Economic Law: The ICESCR in Trade, Investment and Finance (Oxford University Press, 2015), ASEAN Law and Regional Integration: Governance and the Rule of Law in Southeast Asia's Single Market (with D. Cohen, Routledge, 2020), The International Legal System: Cases and Materials (8th Edition, with M.E. O'Connell, N. Roht-Arriaza, and D. Bradlow, 2022), as well as, to date, around 180 law review articles, book chapters, essays, and book reviews with leading international law journals and publishers in the United States, Europe, and Asia. She is a member of the Institute of Transnational Arbitration Academic Council, the UNCITRAL Academic Forum on Investor-State Dispute Settlement Reform, the 2019 Hague Rules on Business and Human Rights Arbitration Drafting Team, Co-Chair of the Oxford Investment Claims Summer Academy, and has been recognized repeatedly by Who's Who Legal as one of the Future Leaders in Arbitration. Click here to read the 2020 ND Women Lead feature of Desierto.

Desierto in the News

The Case Against Rodrigo Duterte at the International Criminal Court

Global Dispatches — World News That Matters - One year ago, in 2025, former Philippine President Rodrigo Duterte was extradited to The Hague to face charges of crimes against humanity and murder for orchestrating a campaign of extrajudicial killings against people he deemed to be involved in the drug trade. Over the course of several years while he was president, thousands of people were killed by police and hit squads. Now, he faces justice at the International Criminal Court. Nearly one year to the day after his extradition, Duterte faced his first major court proceeding: the confirmation of charges against him. This is a major moment for the Philippines and the International Criminal Court. Joining me to discuss the case against Rodrigo Duterte is Diane Desierto, Professor of Law at Notre Dame Law School and Professor of Global Affairs at the Keough School of Global Affairs at Notre Dame. We begin by discussing the specific charges against Duterte before having a broader conversation about the significance of this case for both the Philippines and the future of the ICC.

Having Coffee With . . . Diane Desierto: Using the law to pursue civil rights goals

Diane Desierto spends a lot of time thinking about dictators and autocratic regimes. Her life’s work focuses on fighting the global spread of authoritarianism.

“The thing we should be concerned about is how ‘human rights’ has been co-opted by the dictators and the authoritarians and distorted,” says Desierto, a professor of law and global affairs, faculty director of the Notre Dame Law School’s master’s degree program in international human rights law and director of its new Global Human Rights Clinic.

Which Is More Dangerous: Outer Space or the Deep Sea?

You, your crew and your craft float in hostile environs miles away from civilization. As you set about your mission, only a few inches of metal separate you from an environment that could kill you in moments. Your life depends on the engineers who designed your vessel. All it takes is one crack or puncture to rupture your shell and extinguish your life. These conditions apply equally to a submersible in the deep sea and a spacecraft beyond Earth. Given the similar risk of sudden death, it’s natural to ask: Which is safer?

Recent news shows the question is more relevant than ever. In June 2023 a submersible craft called the Titan operated byOceanGate Expeditions was crushed while descending to the wreck of the Titanic on the seafloor of the Atlantic Ocean, killing all five men inside. The incident occurred only two months after SpaceX’s Starship, the largest rocket built to date, exploded less than four minutes after surging toward space in its first test flight—luckily, no one was onboard.

Whether you’re going 20,000 leagues under the sea or from the Earth to the moon, spacecraft and submersibles follow many of the same engineering principles. Their passenger compartments are pressure vessels: containers designed, like an overachiever raised by demanding parents, to withstand high pressures inside and out.

Putin Wanted by ICC Over Alleged War Crimes

The International Criminal Court (ICC) issued arrest warrants for Russian President Vladimir Putin and the country’s children’s rights commissioner, Maria Lvova-Belova, over allegations that Ukrainian children have been deported from occupied territories to Russia, which could constitute a potential war crime.

 

 

Why the Philippines Is Letting the U.S. Expand Its Military Footprint in the Country Again

It’s been more than 30 years since Philippine lawmakers moved to end the permanent U.S. military presence in the country. Previously, the U.S. operated two major bases, but many Filipinos saw the bases as a legacy of U.S. colonialism, and wanted to assert their independence.

Now, the Philippines is inviting the U.S. to increase its military footprint in the country again—giving access to four new military bases amid rising tensions with China, the two countries announced Thursday.