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Articles 1 - 14 of 14
Full-Text Articles in Law
Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams
Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams
Paul Williams
No abstract provided.
Lawfare: A War Worth Fighting, Paul Williams
Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul R. Williams, Anna F. Triponel
Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul R. Williams, Anna F. Triponel
Paul Williams
The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader. This chapter examines the …
Drafting In Doha: An Assessment Of The Darfur Peace Process And Ceasefire Agreements, Paul Williams
Drafting In Doha: An Assessment Of The Darfur Peace Process And Ceasefire Agreements, Paul Williams
Paul Williams
In the spring of 2010, in Doha, Qatar, the major parties to the Darfur conflict signed a series of framework and ceasefire agreements. The Doha Agreements comprise the Justice and Equality Movement (JEM) Framework, the Liberation and Justice Movement (LJM) Framework, and the LJM Ceasefire Agreements. These accords served two principal purposes. The first and more obvious was to establish a cessation of hostilities and lay the foundation for the negotiation of a comprehensive peace agreement. Critical to each are provisions relating to Security Sector Reform (SSR) and the Disarmament, Demobilization, and Reintegration (DDR) of combatants. Well drafted SSR and …
Peace Agreement Drafting Guide: Darfur, Paul R. Williams, Matthew T. Simpson, Christina J. Sheetz
Peace Agreement Drafting Guide: Darfur, Paul R. Williams, Matthew T. Simpson, Christina J. Sheetz
Paul Williams
The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions. The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements …
Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth
Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth
Paul Williams
While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …
Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann
Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann
Paul Williams
No abstract provided.
Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams
Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams
Paul Williams
As the situation in Iraq continues to stabilize, the people of Iraq will turn to the task of reconstituting an Iraqi state. One of the first steps in this process will be to design, agree upon, and implement a new constitutional structure. While drafting a new constitution is a difficult and contentious process for any country, the challenges are substantially magnified for Iraq given its complex mosaic of ethnic and religious identities, the history of repression under Saddam Hussein, the necessary presence of American forces, and Iraq’s complex relations with its neighboring states. The overriding tension faced by the drafters …
Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff
Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff
Paul Williams
With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …
Earned Sovereignty: The Political Dimension, James R. Hooper Iii, Paul R. Williams
Earned Sovereignty: The Political Dimension, James R. Hooper Iii, Paul R. Williams
Paul Williams
There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."
Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul R. Williams, Karina M. Waller
Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul R. Williams, Karina M. Waller
Paul Williams
In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia. During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …
Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff
Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff
Paul Williams
The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …
Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul R. Williams
Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul R. Williams
Paul Williams
Is Taiwan an entity with an international legal personality entitling it to a certain degree of international space? Or is it an integral political unit of China? The task of this presentation is to analyze the potential legal and political reaction to an attempt by Taiwan to move its current status over the cusp and into the realm of independence, or an alternative attempt by China to back down Taiwan into a one China with the one system policy.
State Succession To Debts And Assets: The Modern Law And Policy, Paul R. Williams, Jennifer Harris
State Succession To Debts And Assets: The Modern Law And Policy, Paul R. Williams, Jennifer Harris
Paul Williams
When a state dissolves, or when territorial entities of a state break away and become independent states, those states and other members of the international community are faced with a host of legal questions concerning the continuation of the predecessor state’s treaty obligations, succession to the predecessor state’s membership in various international organizations, an the allocation of its debts and assets. This article addresses the legal rules governing the allocation of debts and assets among successor states, and in particular the role of the creditor states in formulating that allocation.