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1924-25, Hawaiian Claims Arbitration-d, UK/US, US oral arg., 1925
American and British claims arbitration, Claim No. 84; Hawaiian Claims; Memorandum of the oral argument of the United States: n.a., iii+85p, Wash.,
GPO, 1925. (An index starts on p. i. Lacks index. This is one of five documents offered by LLMC related to an arbitration conducted under the terms of
the general UK/US Arbitration Agreement signed at Washington on 18 August 1910. Under that compromise the two governments agreed to constitute a
Tribunal of Summary Arbitration, as envisioned by Article 38 of the Hague Convention of 1907, for the pacific settlement of international disputes, in
order to settle certain pecuniary claims outstanding between the two countries. Schedule No. 1 of the Washington Agreement set up a Pecuniary Claims
Tribunal to arbitrate scores of longstanding monetary claims, both against the United States brought by the British Government on behalf of various
citizens of the Empire, and also claims by American citizens against legal units of the British Empire. This Claim No. 84 on behalf of seven former British
residents of Hawaii arose from allegedly hurtful, arbitrary and illegal actions perpetrated against them by agents of the Hawaii Republic during its
suppression of an uprising in support of the restoration of Queen Liliuokalani. Since the Hawaii Republic ceased to exist after 1898, when it was
annexed to the United States, the British case in arbitration was brought against the United States based on a disputed doctrine of international law
holding for succession of legal liability for wrongs committed by a legal unit which has been merged into or swallowed up by another legal unit. A good
summary background for the facts in the case is provided on pages 2-11 of the British Memorial, LLMC Title No. 10401. What may be regarded as an official
American summary of the arbitral proceedings can be found in the “Nielsen Report,” LLMC Title No. 10406, pp. 85-161. In the end the Claims Tribunal
ruled that in cases where “delicts” have been committed, and “the legal unit which did the wrong no longer exists,” “the legal liability for the wrong
has been extinguished with it.” The print copy of this document, which once served the British Foreign Office, was entrusted in 1930 to the care of the
Middle Temple Library, which donated it to LLMC-Digital.)
Title:   American and British claims arbitration : Claim no. 84. Hawaiian claims. Memorandum of the oral argument of the United States.
OCLC Number:   884516652
Available Volumes
NameFiche CountOnlinePaper Backup
Vol. 1YesNo