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1924-25, Hawaiian Claims Arbitration-b, UK/US, US response, 1924
American and British claims arbitration, Claim No. 84; Hawaiian Claims; Answer of the United States: n.a., ix+609p, Wash., GPO, 1924. (The TOC
starts on p. iii. 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 : Hawaiian claims : answer of the United States.
OCLC Number:   505983437
Available Volumes
NameFiche CountOnlinePaper Backup
Vol. 1YesNo