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1 PROF. DR. DIANE A. DESIERTO (JSD, Yale) Associate Professor Of

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1 PROF. DR. DIANE A. DESIERTO (JSD, Yale) Associate Professor Of PROF. DR. DIANE A. DESIERTO (JSD, Yale) Associate Professor of Law (tenured) Michael J. Marks Distinguished Professor in Business Law, Co-Director, ASEAN Law & Integration Center (ALIC), William S. Richardson School of Law, University of Hawai’i at Manoa, Rm. 257, 2515 Dole Street, Honolulu, HI 96822-2350 Phone: (808) 956 0417 Fax: (808) 956 8313 Mobile: +1 (808) 285 5779 Website: https://www.law.hawaii.edu/person/diane-desierto Fellow, Center for Advanced Study in the Behavioral Sciences (CASBS), Stanford University, 75 Alta Road, Stanford CA 94305 https://casbs.stanford.edu/diane-desierto, and Research Fellow, WSD Handa Center for Human Rights and International Justice, Stanford Global Studies Division, Stanford University, https://handacenter.stanford.edu/people/diane-desierto-research- fellow 2017 Director of Studies for Public International Law and Visiting Professor, Hague Academy of International Law Specializations: International Law and International Dispute Settlement, International Investment and Commercial Arbitration Law, International Economic Law (World Trade, International Finance, International Investment, Law & Development), International Maritime Security, ASEAN Law, IHL & IHR in ASEAN, Comparative Constitutional Law, Business Associations GLOBAL PROFESSIONAL and ACADEMIC APPOINTMENTS: Member of the Scientific Advisory Board, European Journal of International Law Permanent Editor, EJIL:Talk! (official blog of the European Journal of IL) Academic Council Member, Institute of Transnational Arbitration (ITA) Co-Chair, Oxford Investment Claims Annual Summer Academy, Oxford University Experts’ Group Team Leader, Oxford Investment Claims Editor, Asian Yearbook of International Law Head of International Economic Development Law Interest Group, Asian Society of International Law Research Committee Principal Investigator on ASEAN investment treaties, for the Association of Southeast Asian Nations (ASEAN) Coordinating Committee on Investment Honorary Editor, Indonesian Journal of International and Comparative Law and Correspondent, Journal of East Asia and International Law Legal Expert on the Right to Development in International Economic Treaties, UN Office of the High Commissioner for Human Rights with UPEACE, Costa Rica International Arbitrator, Inaugural Panel of International Arbitrators, British Virgin Islands International Arbitration Centre (BVI IAC) http://www.bviiac.org/Portals/0/Files/161128_BVI%20IAC%20Arbitration%20Panel%20F L%20AH.pdf Member, International Board of Advisers, Nepal International Law Center Southeast Asia Arbitration Partner, Desierto & Desierto Law (Philippines). Awarded by Global Arbitration Review and Who’s Who Legal as one of its top 45 arbitration counsels under 45, and Lawyer Monthly winner for Administrative and Public Law Lawyer of the Year (USA) 2016 1 EDUCATION: YALE LAW SCHOOL, New Haven, Connecticut Doctor of the Science of Law (JSD), 2011 (early graduation instead of 2014) Honors: Ambrose Gherini Prize in International Law Howard M. Holtzmann Fellow in International Arbitration and Dispute Resolution Lillian Goldman Perpetual Scholar YLS Public Interest Fellowship for Clerkship at the International Court of Justice, the Hague, Netherlands Positions: Editor, Yale Journal of International Law Coordinator, Yale Forum on International Law Master of Laws (LLM), 2009 Honors: Honors in all international law and comparative law courses Lillian Goldman Scholar Positions: Executive Board, Yale Multidisciplinary Research Forum Coordinator, Yale Forum on International Law ACADEMIE DU DROIT DE L’ARBITRAGE, Paris, France Certificate for the Summer Session, 2011 Honors: Runner-Up, Laureate of the Academy Prize Shearman and Sterling Scholarship XIAMEN ACADEMY OF INTERNATIONAL LAW, Xiamen, China Certificate for Public International Law and Private Commercial Law, 2007 UNIVERSITY OF MICHIGAN LAW SCHOOL, Center for Comparative and International Law, Ann Arbor, Michigan, 2012 Grotius Postdoctoral Research Fellowship, guest lectured for classes on Law and Development, International Investment and Human Rights MAX PLANCK INSTITUTE OF COMPARATIVE PUBLIC LAW AND INTERNATIONAL LAW, Heidelberg, Germany Research Fellowships (2008 and 2012) UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW, Diliman, Quezon City, Metro Manila, Philippines LLB (renamed Juris Doctor), cum laude Class Salutatorian, 2004 Honors: Phi Kappa Phi International Honor Society University Scholar and College Scholar Justice Irene P. Cortes Prize for Best Constitutional Law Paper (“Enemies of the State: A Constitutional Decoding of the National Security Justification for Civil Liberties Infringements in the Philippines”), 2004 Outstanding Law Intern, Office of Legal Aid 2 English Session World Champion, Gilbert Apollis Finalist for Best Oralist, Concours Jean Pictet International Humanitarian Law Moot Competition, International Committee of the Red Cross, Mejannes-les-Clap, France, 2004 Champion, Best Speaker, and Team Captain, All-Asian Intervarsities Debate Championships, 2001 Champion and Team Captain, ASEAN Intervarsities Debate Championships, Kuala Lumpur, Malaysia, 2000 Positions: Chairman of the Editorial Board, Philippine Law Journal Prime Minister, UP Law Moot & Debate Union Chairman, UP Law Student Government Academic Reforms Committee UNIVERSITY OF THE PHILIPPINES SCHOOL OF ECONOMICS, Philippines Bachelor of Science in Economics, summa cum laude Valedictorian, 2000 Honors: Pi Gamma Mu International Social Science Honor Society Most Outstanding Social Science Student of 2000 Phi Kappa Phi International Honor Society University Scholar (all 8 semesters) 1st place, Gerardo P. Sicat Award for Best Economics Thesis (“The Myth of Legislation: Determining the Real Barriers to Equity Investment in the Philippines”) Overall National Best Debater and Best Speaker, 1999 Philippine National Debate Championships Positions: President, University of the Philippines Debate Society Head Delegate for the University of the Philippines, Harvard Project for Asian and International Relations, 1999 News and Opinion Editor, SIDHI (Official Publication of the UP School of the Economics) INTERNATIONAL JUDICIAL CLERKSHIP: August 2010 to July 2011 Law Clerk to H.E. Judge Bruno Simma and H.E. Judge Bernardo Sepulveda-Amor, International Court of Justice, Vredespaleis/the Peace Palace, the Hague, Netherlands. SCHOLARSHIP: I. Books of original scholarship A. Published 1. NECESSITY AND NATIONAL EMERGENCY CLAUSES: SOVEREIGNTY IN MODERN TREATY INTERPRETATION, International Litigation in Practice Volume 3 (Martinus Nijhoff Publishers, 2012). 3 • Reviewed by Georgios Andriotis for Revue quebecoise de droit international: “This volume offers a very comprehensive analysis of the necessity doctrine and national emergency clauses in relation to treaty compliance. Desierto’s insights should form a baseline for future analysis of the interpretation of the necessity doctrine in international law. This work is undoubtedly a step forward, and an original contribution as it provides interpretive answers to treaty controversies related to the doctrine of necessity.”, at http://www.sqdi.org/wp-content/uploads/25- 1_8_Andriotis.pdf • Reviewed by Evan Criddle, for American Society of International Law Cables: "Diane Desierto's new book, Necessity and National Emergency Clauses: Sovereignty in Modern Treaty Interpretation, critiques the ILC's effort to codify the international law of state necessity, arguing that the ILC's formulation should be given little weight as a restatement of customary international law. Tracing the history of necessity over the centuries, Desierto shows that the classical conception of necessity as a sovereign right to self-preservation evolved significantly from Machiavelli to Grotius to Schmitt and beyond...While these insights regarding the context-sensitive character of necessity defenses might seem modest on first impression, Desierto shows that they have far-reaching implications, calling into question some recent arbitral decisions on economic emergencies and challenging scholarly efforts to defend torture and humanitarian intervention based on appeals to necessity...By clarifying how law-appliers should go about evaluating state necessity defenses, Desierto's study also offers broader insights for international legal theory. Desierto's fine- grained analysis in Necessity and National Emergency Clauses offers an invaluable model for how law-appliers should go about answering this question [whether the applicable treaty regime authorizes emergency measures in a given context].” 2. PUBLIC POLICY IN INTERNATIONAL ECONOMIC LAW: THE ICESCR IN TRADE, FINANCE, AND INVESTMENT (Oxford University Press, February 2015). • Featured in Human Rights at Home, 7 May 2015, at http://lawprofessors.typepad.com/human_rights/2015/05/does-ratification-of-the- icescr-reduce-income-inequality-yes-1.html • Reviewed by Kholofelo Kugler in 7 European Yearbook of International Economic Law (2016): “Diane Desierto’ s book adds to the raging debate on how public policy objectives can and should be incorporated into international economic law (IEL); she focuses on the areas of international trade, finance, and investment. She deems the economic, social, and cultural (ESC) rights enshrined in the International Covenant onEconomic, Social, and Cultural Rights, 1966 (ICESCR) such as the rights to self determination, work, social security, health, education, and to participate in cultural life important international values that should be weaved into the current IEL regime
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