Under international law, to annex territory of another State is a unilateral act, as opposed to cession, which is a bilateral act between States. The Lorenzo principle states that the question as to whether the Hawaiian Kingdom continues to exist as a State is a legal question and not a political question.. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property. The NLG, the IADL, the AAJ and AHEC support the Council of Regency and its strategy to bring the United States and the State of Hawaii and its Counties in compliance with international humanitarian law and the law of occupation. The application of the Lorenzo principle, as the common law of the State of Hawaii, should not be deemed by the Court to be incompatible with federal interests because it does not promote the interest of the United States. As the Belgian Council was established under Article 82 of its 1821 Constitution, as amended, in exile, the Hawaiian Council was established under Article 33 of its 1864 Constitution, as amended, not in exile but rather in situ. But if evidence shows that the Hawaiian Kingdom still exists, then the courts has no jurisdiction. Without proof of guilt, the person remains innocent. The Hawaiian Kingdom also stated: Further, it appears that the Court adopted a federal rule of decision to favor the United States despite its admitted illegal conduct regarding the overthrow of the government of the Hawaiian Kingdom on January 17, 1893. Federal statute 28 U.S.C. In 1922, the Kalkaua Dynasty ended with the passing of Prince Jonah Kuhio Kalanianaole. In international law, a recognized sovereign and independent State does not have the burden to prove it continues be a State after being belligerently occupied for over a century. To better understand the why, here is the history of the formation of the 49 States of the American union that many dont know. That election will take place when the occupation comes to an end. Rather, it was the burden of the prosecution to provide evidence that the Hawaiian Kingdom does not exist as a State. As a result, theLorenzoCourts ruling was wrong and all decisions that followed in State of Hawaii courts and federal courts applying theLorenzodoctrine also were wrong. AHEC specifically: Condemns the unlawful presence of the U.S. Indo-Pacific Command with its 118 military sites throughout the Hawaiian Islands. An Article II Occupation Court is a part of the executive branch of government under article II of the U.S. Constitution headed by the President as commander-in-chief of the armed forces. As Sir Walter Scott wrote, Oh what a tangled web we weave/When first we practice to deceive.. This is incorrect. Just as a defendant does not have the burden to prove his/her innocence but rather the prosecution has the burden to prove with evidence the guilt of the defendant, the Hawaiian Kingdom does not have the burden to prove its continued existence but rather the opposing party has the burden to prove with evidence that the United States extinguished the Hawaiian Kingdom as a State under international law. The defendant was claiming that he is immune from suit or judgment in any court of the United States or the State of Hawaii. It was a successor in office to Queen Liliuokalani as the Executive Monarch. She just stated, without evidence, there is no 800-pound gorilla, but yet shes in dialogue with that gorilla. If you are currently residing in the Hawaiian Islands, letters could be sent, by certified mail, to Charles P. Rettig, Commissioner of the Internal Revenue Service, and Isaac W. Choy, Director of the State of Hawaii Department of Taxation, regarding the unlawful collection of so-called taxes within the territorial jurisdiction of the Hawaiian Kingdom. For the past century, the United States has and continues to commit the war crime of usurpation of sovereignty, under customary international law, by imposing its municipal laws over Hawaiian territory, which has denied Hawaiian subjects their right of internal self-determination by prohibiting them to freely access their own laws and administrative policies, which has led to the violations of their human rights, starting with the right to health, education and to choose their political leadership. Here when the evidence is abundantly clear that the Hawaiian Kingdom continues to exist as a State, the Federal and State of Hawaii Defendants scream POLITICAL QUESTION. One wouldn't expect a restaurant that opened in 1946 to end up on The New York Times's best restaurant list in 2022, but Brennan's pulled it off. This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands. The 1907 Hague Regulations and the 1949 Fourth Geneva Convention regulate foreign occupations. In this case, it would be the application of the Lorenzo principle. Judge Kobayashis two Orders not only violate international law but also the American doctrine of the separation of powers between the three branches of government. There is a common misunderstanding that the Hawaiian Crown is hereditary. Also, Restatement (Third) of the Foreign Relations Law of the United States, 202, comment g, states that the United States duty to treat a qualified entity as a state also implies that so long as the entity continues to meet those qualifications its statehood may not be derecognized. The United States cannot now claim that it has de-recognized the Hawaiian Kingdom. The Lorenzo doctrine was adopted by the federal courts in the Ninth Circuit for jurisdictional purposes but it has been used in the land title insurance industry for denying insurance claims. Judge Kobayashi initiated a legal dialogue with the 800-pound gorillathe Hawaiian Kingdom. One year after the United States Congress passed the joint resolution apologizing for the United States overthrow of the Hawaiian Kingdom government in 1993, an appeal was heard by the State of Hawaii Intermediate Court of Appeals that centered on a claim that the Hawaiian Kingdom continues to exist. Speaking to Pacific island leaders, Reuters reported President Joe Biden said Russias assault on Ukraine in pursuit of imperial ambitions is a flagrant, flagrant violation of the UN Charter, and the basic principles of sovereignty and territorial integrity. The world should know that this is a classic case of the pot calling the kettle black, which is an idiom that means a person should not criticize another person for a fault they themselves have. After the funeral and time of mourning had passed, the Council of Chiefs met on June 6, 1824, in Honolulu with Lord Byron and the British Consul. This is not the State of Hawaii. Along with the International Association of Democratic Lawyers and the American Association of Jurists/Asociacin Americana de Juristas accredited non-government organizations to the UN Human Rights Council, AHEC fully supports the National Lawyers Guilds 2019 resolution that calls upon the U.S. to immediately comply with international humanitarian law and condemns the prolonged and illegal occupation of the Hawaiian Islands. In these proceedings, the Hawaiian Kingdom has clearly provided irrefutable evidence that the Hawaiian Kingdom continues to exist as a State, especially when the Permanent Court of Arbitration acknowledged its continued existence in Larsen v. Hawaiian Kingdom. As such, all titles that have since been alleged to have been conveyed after January 17, 1893, are void ab initio due to forged certificates of acknowledgment by individuals impersonating public officers. This case, however, is not judge-made law or federal common law like Banco Nacional de Cuba v. Sabbatino regarding international relations. Her second time to serve as Regent with the Cabinet Council occurred when Kalkaua departed for San Francisco on November 25, 1890. These District Courts are located within the United States. These successors included King Kamehameha IV in 1854, King Kamehameha V in 1863, King Lunalilo in 1873, King Kalkaua in 1874, and Queen Liliuokalani in 1891. This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands. Degree in Political Science with particular focus on the continued existence of the Hawaiian Kingdom as a State. Hawaii Public Radio's Kuuwehi Hiraishi reports: Preparations are underway in communities across the islands for the celebration of L Hoihoi Ea or Sovereignty Restoration Day on July 31. Two years later, both the Hawaiian Kingdom, as a State, and the Council of Regency, as its government, was acknowledged in 1999 by the Permanent Court of Arbitration in The Hague, Netherlands, in Larsen v. Hawaiian Kingdom. Rather it claimed that the United States annexed Hawaii in 1898 and Hawaii entered the union as a state in 1959. Both the 1898 Joint Resolution of annexation and the 1959 Hawaii Admission Act are municipal laws and, according to the U.S. Supreme Court, inThe Apollon, these laws cannot extend beyond its territory except so far as regards its citizens. On July 12, 2002, Professor Matthew Craven authors, On April 2, 2018, the NEA published the online article, On October 1, 2018, the NEA published the online article, On October 13, 2018, the NEA published the online article, On February 25, 2018, Dr. Alfred deZayas, as the United Nations Independent Expert for the United Nations Human Rights Council in Geneva, Switzerland, sent a, On June 25, 2018, the Hawaiian Kingdom filed a, On July 25, 2019, Professor William Schabas authors a, On October 4, 2019, Professor Federico Lenzerini authors Legal Opinion, After the National Lawyers Guilds (NLG) membership passed a, On May 24, 2020, Professor Federico Lenzerini authors a, On May 20, 2021, the Hawaiian Kingdom filed a, On July 18, 2021, the General Synod of the United Church of Christ passed a resolution submitted by the, On August 11, 2021, the Hawaiian Kingdom filed an, After receiving permission from the Court in. Occupation of the Hawaiian Kingdom, The Impact of the U.S. Only until the United States recognizes Palestine as a State will the federal courts acknowledge Palestinian Statehood. According to the Ninth Circuit, in Rissetto v. Plumbers & Steamfitters Local 343, judicial estoppel prevents a party from gaining an advantage by taking one position, and then seeking a second advantage by taking an incompatible position..
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