|
|
Description and Holding Information
|
|
|
1924-25, UK/US, Hawaiian Claims Arbitration-a, UK memorial, n.d. (1924)
|
|
Hawaiian Claims; Pecuniary claims arbitration; Claim No. 84. Memorial of His Britannic Majesty’s Government: n.a., 328p, n.p., n.d. (1924). (The TOC
follows the title page. Lacks index. Reference to the TOC is especially important for locating materials related to the seven still-eligible claimants
represented by Great Britain. Dating for this item is given as 29 May 1924 in the final Arbitration Award; see LLMC Title No. 10405 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 this British Memorial. 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:
Pecuniary claims arbitration. Hawaiian claims : memorial of His Britannic Majesty's government.
|
|
|
OCLC Number:
805939301
|
|
|
|
|
|
Available Volumes
|
|
| Name | Fiche Count | Online | Paper Backup |
| Vol. 1 | | Yes | No |
|
|
|