On December 30, 2024, Oxford University Press will be releasing a book titled Unconquered States: Non-European Powers in the Imperial Age. The editors of the book, Professor H. E. Chehabi from Boston University and Professor David Motadel from the London School of Economics and Political Science, invited 23 scholars from around the world to contribute their scholarship. Dr. Keanu Sai is the author of chapter 21—Hawai‘i’s Sovereignty and Survival in the Age of Empire.
Here are the reviews:
“This is an ingenious collection, a book on international history in the 19th and 20th centuries that really does, for once, “fill a gap.” By countering our simple assumption that the West’s imperial and colonial drives swallowed up all of Africa and Asia in the post-1850 period, Chehabi and Motadel’s fine collection of case-studies of nations that managed to stay free—from Abyssinia to Siam, Japan to Persia—gives us a more rounded and complex view of the international Great-Power scene in those decades. This is really fine revisionist history.”—Paul Kennedy, Yale University
“This is an excellent collection of scholars writing on an important set of states, which deserve to be considered together.”—Kenneth Pomeranz, University of Chicago
“Carefully curated and with an excellent introduction that provides an analytical frame, this book offers a global history of “unconquered” countries in the imperial age that is original in its perspective and composition.”—Sebastian Conrad, Free University of Berlin
“The book offers an insightful comparative analysis of political forms and relationships in non-European countries from the 18th to the early 20th centuries. The “non-conquered states” of Asia and Africa are show as sometimes resisting and but often accommodating in innovative ways European political forms and military and diplomatic techniques. The particular appeal of the essays lies in their effort to bring to the surface and critically assess the indigenous histories and struggles that enabled these political formations, each in their own way, to respond to the challenges of modernization. This is global history at its kaleidoscopic best.”—Martti Koskenniemi, University of Helsinki
Oxford University Press is the gold standard for academic publishing in the world and to have the untold story of the Hawaiian Kingdom and its continued existence under an American occupation is a monumental feat for the Council of Regency’s strategic plan under Phase II—exposure of Hawaiian Statehood. Dr. Sai is not only a Hawaiian scholar and political scientist, but he is also Chairman of the acting Council of Regency.
When the government of the Hawaiian Kingdom was restored in 1997, as an acting Council of Regency under Hawaiian constitutional law and the legal doctrine of necessity, it approached the prolonged American occupation with a strategic plan that entailed three phases:
Phase I: Verification of the Hawaiian Kingdom as an Independent State and subject of international law where a reputable international body must verify the continued existence of the Hawaiian Kingdom as a State.
Phase II: Exposure of Hawaiian Statehood within the framework of international law and the law of occupation as it affects the realm of politics and economics at both the international and domestic levels. Phase II will focus on individual accountability and compliance to the law of occupation.
Phase III: Restoration of the Hawaiian Kingdom as an independent State and a subject of international law, which is when the occupation will come to an end by a treaty of peace.
On November 8, 1999, international arbitration proceedings were initiated at the Permanent Court of Arbitration, in The Hague, Netherlands, in Larsen v. Hawaiian Kingdom, PCA Case no. 1999-01. At its website, the PCA described the dispute as:
Lance Paul Larsen, a resident of Hawaii, brought a claim against the Hawaiian Kingdom by its Council of Regency (“Hawaiian Kingdom”) on the grounds that the Government of the Hawaiian Kingdom is in continual violation of: (a) its 1849 Treaty of Friendship, Commerce and Navigation with the United States of America, as well as the principles of international law laid down in the Vienna Convention on the Law of Treaties, 1969 and (b) the principles of international comity, for allowing the unlawful imposition of American municipal laws over the claimant’s person within the territorial jurisdiction of the Hawaiian Kingdom.
Before an arbitral tribunal could be established by the PCA, it had to determine that the dispute was international, which meant the Hawaiian Kingdom had to be an existing State under customary international law. Once the PCA recognized the continued existence of the Hawaiian Kingdom as a State and the Council of Regency as its government, it then had to determine whether the Hawaiian Kingdom was a Contracting State or Non-Contracting State to the 1907 Hague Convention for the Pacific Settlement of International Disputes (PCA Convention) that established the PCA.
The reasoning for this determination was that Contracting States, which includes the United States, did not pay for the use of the facilities because they contributed yearly dues to maintain the PCA. Non-Contracting States had to pay for the use of the facilities. The PCA recognized the Hawaiian Kingdom as a Non-Contracting State under Article 47 of the PCA Convention. The PCA established the arbitral tribunal on June 9, 2000. To understand this case you can go to pages 24-27 of the ebook Royal Commission of Inquiry: Investigating War Crimes and Human Rights Violations Committed in the Hawaiian Kingdom.
The PCA’s recognition of the continued existence of the Hawaiian Kingdom in 1999 satisfied Phase I. Since then, Phase II was initiated and continued when Dr. Sai entered the University of Hawai‘i at Mānoa in 2001 to acquire an M.A. degree and a Ph.D. degree in political science specializing in international relations and law. According to Dr. Sai:
The Council of Regency needed to institutionalize, and not politicize, the legal and political history of the Hawaiian Kingdom as a State under international law and its continued existence today. This would be done by academic research and publications that will normalize the fact of the American occupation. From this premise, we could move into compliance to the law of occupation where the occupation will eventually come to an end by a treaty of peace. This was the most viable approach to a revisionist history that has been perpetrated for over a century.
