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Description and Holding Information
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1924-25, UK/US, Hawaiian Claims Arbitration-c, memo of UK oral arg., (1925?)
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Pecuniary claims arbitration; Claim No. 84.Hawaiian Claims; Memorandum of the oral arguments of Great Britain in support of claims: n.a., (3p.),
n.p., n.d.,; (Since the U.S. oral argument is dated 1925, the UK argument was likely delivered in 1924 or 1925.) (Lacks TOC and 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.)
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Title:
Pecuniary claims arbitration : Claim no. 84. Hawaiian claims : Memorandum of the oral arguments of Great Britain in support of the claims.
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OCLC Number:
884518152
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Available Volumes
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| Name | Fiche Count | Online | Paper Backup |
| Vol. 1 | | Yes | No |
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