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Full-Text Articles in Law
Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf
Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf
Faculty Publications
This piece is the second in a trilogy of three simultaneously published articles in the Denver Journal of International Law that examine the emerging doctrine of "earned sovereignty," a concept that seeks to reconcile the principles of self-determination and humanitarian intervention with the principles of sovereignty and territorial integrity. This article sets forth the legal underpinnings for the doctrine, while the other two articles in the trilogy provide its policy foundations, and apply the doctrine to several modem case studies. Together, the three articles are the product of the Public International Law and Policy Group's "Intermediate Sovereignty Project," sponsored by …
Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams
Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams
Articles in Law Reviews & Other Academic Journals
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."
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper
Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper
Faculty Publications
All too frequently the mantra of sovereignty is used by states to shield themselves from international action to prevent them from violating human rights and committing atrocities in their attempts to stifle self-determination movements, as in the case of the Iraqi Anfal campaigns against the Kurds, the Turkish suppression of Kurdish human rights, the Russian campaign in Chechnya, the targeting of Christians in Southern Sudan, and Indonesia's brutal occupation of East Timor and its recent campaign in Aceh. Recent state practice, however, has evidenced a growing creativity among states and policy makers which has led to the emergence of a …