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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 …
The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams
The Functions Of Justice And Anti-Justice In The Peacebuilding Process, Michael P. Scharf, Paul P. Williams
Faculty Publications
In our examination of the functions of justice in the peace-building process, we use the former Yugoslavia as an illustrative case study. Reference to the Yugoslavia experience provides a particularly useful touchstone for this analysis because in no other peace-building process in history has there been so much political emphasis placed on the need to employ the norm of justice, and so much energy devoted to creating and utilizing justice-based institutions. The Yugoslav conflict is a particularly fertile research ground for accurately assessing the role of justice in peace- building given the UN Security Council's creation of the United Nations …
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 …
Foreword: The Role Of Justice In Building Peace, Michael P. Scharf
Foreword: The Role Of Justice In Building Peace, Michael P. Scharf
Faculty Publications
Forward to The War Crimes Research Symposium: The Role of Justice in Building Peace, Cleveland, Ohio 2003.