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2003

Faculty Publications

Earned sovereignty

Articles 1 - 2 of 2

Full-Text Articles in Law

Earned Sovereignty: Juridical Underpinnings, Michael P. Scharf Jan 2003

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 …


Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul R. Williams, Michael P. Scharf, James R. Hooper Jan 2003

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 …