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Articles 1 - 7 of 7

Full-Text Articles in Law

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul Williams, Karen Heymann Jan 2004

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul Williams, Karen Heymann

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Co-Operation Or Sovereignty? Achieving Federalisation Of Corporate Regulation , J. M. Marychurch Jan 2004

Co-Operation Or Sovereignty? Achieving Federalisation Of Corporate Regulation , J. M. Marychurch

Faculty of Law - Papers (Archive)

This paper will analyse the tensions between the harmonisation of law and the maintenance of sovereignty of member states in federal systems. The paper will focus on Australia and the European Union and the pressures faced, in light of the impact of globalisation, to resolve the issues that have plagued both jurisdictions for decades in achieving a satisfactory and sustainable model for corporate regulation on a federal level.


A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff Jan 2004

A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff

Publications

For the last thirty years the Supreme Court has been adjusting the boundaries of American Indian tribal sovereignty. Some cases affirm tribal inherent powers, but recently the trend has been to limit those powers. Yet neither the Court nor the Congress, which can reverse Supreme Court decisions on questions of tribal sovereignty, has been informed about how these alterations to tribal powers actually affect American Indian tribes on the ground. This article provides that information by examining the interplay between Supreme Court decisions and the Navajo Nation's exercise of its sovereign governmental powers from 1970-2003. In the categories of general …


Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams Jan 2004

Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams

Articles in Law Reviews & Other Academic Journals

In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. ... Each case of earned sovereignty is characterized by an initial stage of shared sovereignty, whereby the state and substate entity may both exercise some sovereign authority and functions over a defined territory. ... Phased sovereignty entails the accumulation by the substate entity of increasing sovereign authority and functions over a specified period of time prior to the determination of final status. ... While Serbia and Montenegro, Northern Ireland, …


Tribal Sovereignty Over Water Quality, Jessica Owley Jan 2004

Tribal Sovereignty Over Water Quality, Jessica Owley

Articles

No abstract provided.


The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson Jan 2004

The Varied Policies Of International Juridical Bodies: Reflections On Theory And Practice, John H. Jackson

Georgetown Law Faculty Publications and Other Works

I would like to turn to how my current thinking and writing relate to the broader issues of international law norm creation. One such article is quite recent and it represents some of my thinking in these broader general issues. It is entitled Sovereignty Modern, and it is a close look at the question of sovereignty and how it affects the fundamental logic of international law. I do not pretend that I have finalized my views, but fundamentally very few people really accept the original, Westphalian idea of sovereignty anymore. There are many other constructs of what sovereignty currently means, …


The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer Jan 2004

The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state typologies to explore the concept further and to scrutinize the accommodations of authority and control.