09-19-2018, 05:14 AM
quote:
Originally posted by randomq
"Dr. Sai is serving as the lead agent for the Hawaiian Kingdom in international arbitration proceedings before the Permanent Court of Arbitration at the Hague, Netherlands."
The proceedings that occurred in 1999 and were summarily rejected?
Rejected you say. ummm, not exactly.
"The Tribunal concluded that it could not determine whether the Respondent has failed to discharge its obligations towards the Claimant without ruling on the legality of the acts of the United States of America – something the Tribunal was precluded from doing as the United States was not party to the case. "
because they chose not to participate.
The court agreed to hear and rule on the case which means that "The Hawaiian Kingdom" has standing at their court which means that in their view, The Hawaiian Kingdom IS a State.
EDIT
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Here is their ruling:
https://pcacases.com/web/sendAttach/123
ARTICLE 3
1.
The Arbitral Tribunal is requested to provide rulings in two stages, in accordance with International law and Hawaiian Kingdom law.
2.
The first stage shall result in an award on the verification of the dominion of the Hawaiian Kingdom. The Arbitral Tribunal shall decide territorial sovereignty in accordance with the principles, rules and practices of international law applicable to the matter, and on the basis, in particular, of historic titles.
3.
The second stage shall result in an award of the dispute specified in section 1(a) and 1(b) of article 1 above. The Arbitral Tribunal shall decide taking into account the opinion that it will have formed on questions of territorial sovereignty, the Vienna Convention on the Law of Treaties, 1969, and any other pertinent factors.
4.
The Arbitral Tribunal can consult experts of its choice.