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1924-25, UK/US, Hawaiian Claims Arbitration-e, Award, (1925)
American and British Claims Arbitration Tribunal, Claim No. 84; Hawaiian Claims; Ref. Frederick Henry Redward, Heir of Edward Bedford Thomas, Thomas
Williams Rawlins, Frederick Harrison, Representatives of Lewis J. Levey, G. Carson Kenyon, Michael Cole Bailey; Award of arbitrators Alfred Nerincx,
Sir Charles Fitzpatrick, Roscoe Pound: signed by panel president A. Nerincx on 10 Nov. 1925, 2p, Wash., GPO, 1926. (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.)
Title:   Award, Hawaiian claims, claim no. 84 / American and British Claims Arbitration Tribunal.
OCLC Number:   884519104
Available Volumes
NameFiche CountOnlinePaper Backup
Vol. 1YesNo