Beruflich Dokumente
Kultur Dokumente
History
of the
Hawaiian Kingdom
Sovereignty and Equality of
States under International
Law
• Exclusive jurisdiction over a territory and the
permanent population living there
• A duty of non-intervention in the area of exclusive
jurisdiction of other States
• The binding nature of States arising from
International law and Treaties
International Recognition
of Hawaiian Sovereignty
• As a constitutional
monarch in 1842, King
Kamehameha III, in
Privy Council, appoints
three Envoys to secure
recognition of Hawaiian
Independence from the
United States, France
and Great Britain
Anglo-French Proclamation,
Nov. 28, 1843
U.S. Recognition on July 6,
1844
• U.S. Secretary of
State John C.
Calhoun notified the
Hawaiian Kingdom
of U.S. recognition
of Hawaiian
Independence
Austria-Hungary
• June 18, 1875, a
Treaty was signed in
London
Belgium
• October 4, 1862, a
Treaty was signed
in Brussels
Bremen
• August 7, 1851, a
Treaty was signed
in Honolulu
Denmark
• October 19,
1846, a Treaty
was signed in
Honolulu
France
• October 29,
1857, a third
Treaty was
signed in
Honolulu
Germany
• March 25, 1879,
a Treaty was
signed in Berlin
Great Britain
• July 10, 1851, a
fourth Treaty
was signed in
Honolulu
Hamburg
• January 8, 1848,
a Treaty was
signed in
Honolulu
Italy
• July 22, 1863, a
Treaty was
signed in Paris
Japan
• August 19,
1871, a Treaty
was signed in
Yedo
Netherlands
• October 16,
1862, a Treaty
was signed in
The Hague
Portugal
• May 5, 1882, a
Treaty was
signed in
Lisbon
Russia
• June 19, 1869, a
Treaty was
signed in Paris
Samoa
• March 20, 1887,
a Treaty of
Political
Confederation
was signed in
Honolulu
Spain
• October
29,1863, a
Treaty was
signed in
London
Switzerland
• July 20, 1864, a
Treaty was
signed in Berne
Sweden-Norway
• July 1, 1852, a
Treaty was
signed in
Honolulu
United States of America
• December 20,
1849, a Treaty
was in
Washington,
D.C.
Hawaiian Neutrality
• May 16, 1854, the
Hawaiian Kingdom
is declared a neutral
State
• Similar to
Switzerland in the
middle of the Pacific
Ocean
Hawaiian Diplomatic
Relations
• By 1893 Hawai`i manned over 90 Embassies and
Consulates throughout the world
– Hawaiian Embassy in Washington, D.C., and Consul-
Generals in the cities of New York and San Francisco
• Aliens 41,883
– U.S. citizens 1,928
Distinguishing Hawaiian
from Ethnicity
• Article 13, Bernice Pauahi’s Will (1884)
– and to devote a portion of each years income
to the support and education of orphans, and
others in indigent circumstances, giving the
preference to Hawaiians of pure or part
aboriginal blood
• According to Webster’s Dictionary, aboriginal is
first to arrive in a region, and indigenous is
originating in a particular region
Cession
• To yield or grant typically by treaty, Merriam-Webster
Dictionary
Secession
• The act of withdrawing from membership in a
group, Legal Encyclopedia
– Secession occurs when persons in a country or state
declare their independence from the ruling government
Cession of Sovereign
Territory
• Cession between sovereign States by
Treaty, being a bilateral agreement
Voluntary Cession
Sovereignty Gov. Gov. Sovereignty
Involuntary Cession
Examples of Cessions to
the U.S.
1846 British
Treaty
1803 French
Treaty
Atlantic Border
Mex
ica n Bo
rder
n Bo r der
Cuba
Hawai`i Occupied during
Spanish-American War
• In order to secure
the islands as a
U.S. military
outpost, the Senate
approves the
resolution and is
signed into U.S.
Law by President
McKinley on July
7, 1898
Camp McKinley, August 1898
Maui Newspaper, Oct. 20,
1900
Propaganda of
Annexation
Propaganda of
Annexation
• McKinley Statue fronting
McKinley High School in
Honolulu was dedicated on
February 23, 1911 by Sanford
Dole
International Law
United States of America Hawaiian Kingdom
(Sovereign & Independent State) (Sovereign & Independent State)
Sovereignty &
Occupation
• Occupation is regulated by the Hague and Geneva
Conventions, and US Army Field Manuel 27-10
– Being an incident of war, military occupation confers
upon the invading force the means of exercising
control for the period of occupation. It does not
transfer the sovereignty to the occupant, but simply the
authority or power to exercise some of the rights of
sovereignty. §358, FM 27-10
Function of the Law of
Occupation
• If no transfer of sovereignty exists, the situation is
governed by the International Law of Occupation
• Occupying State must administer the laws of the
Occupied State
– Hawaiian Kingdom Constitutional law
– Hawaiian Penal Code
– Hawaiian Civil Code
– Hawaiian Case law
Effects of an Illegal
Occupation
• Legal Consequences for States of the Continued
Presence of South Africa in Namibia, Advisory Opinion,
International Court of Justice, 1971
– All acts done on behalf of Namibia by South Africa without
title to Namibia is invalid and illegal except for registration of
births, marriages, and deaths
• Legal Effects of Postliminium
– Public lands illegally sold by the Occupier can be reclaimed by
the returning Government from purchasers without
compensation
– Private lands illegally sold by the Occupier can be reclaimed by
Private persons from purchasers without compensation
Theory of Hawaiian
Sovereignty
& Governance
Government
Hawaiian
Sovereignty Illegally
Restored
Kingdom
De facto
Hawai`i (1843) Overthrown
Government
1996
1893
Larsen v. Hawaiian Kingdom,
1999-2001
Permanent Court of Arbitration, The
Hague
Hawaiian Complaint filed
with U.N. Security
Council, July 5, 2001