Germany—1879 Treaty of Friendship, Commerce and Navigation and Consular Convention

German Treaty

On March 25, 1879, a Treaty was signed between Germany and the Hawaiian Kingdom in Berlin and thereafter ratified by both governments and exchanged. Article II of this treaty provides:

“the subjects and citizens of the two High Contracting Parties may remain and reside in any part of said territories respectively and shall receive and enjoy full and perfect protection for their persons and property.  They shall have free and easy access to the courts of justice, provided by law, in pursuit and defense of their rights, and they shall be at liberty to choose and employ lawyers, advocates or agents to pursue or defend their rights before such courts of justice; and they shall enjoy in this respect all the rights and privileges as native subjects or citizens.”

Neither Germany nor the Hawaiian Kingdom gave notice to the other of its intention to terminate this treaty in accordance with the terms of Article XXVI of the 1879 Treaty.  Therefore, this treaty is still in full force and continues to have legal effect to date.

France—1857 Treaty of Friendship, Commerce and Navigation

French Treaty

On October 29, 1857, a Treaty was signed between France and the Hawaiian Kingdom in Honolulu and thereafter ratified by both governments. Article IV of this treaty provides:

“their respective subjects shall enjoy, in both States, a constant and complete protection for their persons and properties.  They shall, consequently, have free and easy access to the tribunals of justice, in prosecution and defense of their rights, in every instance, and in all the degrees of jurisdiction established by the laws.”

Neither France nor the Hawaiian Kingdom gave notice to the other of its intention to terminate this treaty in accordance with the terms of Article XXVI of the 1857 Treaty.  Therefore this treaty is still in full force and continues to have legal effect to date. Former French territories, which acquired their independence from France, are successor States to, at the very least, Article IV of the Hawaiian-French Treaty with regard to the citizenry of the successor State that effectively replaced the citizenry of the predecessor State in the treaty. These successor States, which includes mandate territories, are:

  1. Algeria.  Independence:  July 5, 1962.
  2. Benin.  Independence:  August 1, 1960.
  3. Burkina Faso.  Independence:  August 5, 1960.
  4. Central African Republic.  Independence: August 13, 1960.
  5. Chad.  Independence:  August 11, 1960.
  6. Comoros.  Independence:  July 6, 1975.
  7. Congo.  Independence:  August 15, 1960.
  8. Côte D’Ivoire.  Independence:  August 7, 1960.
  9. Djibouti.  Independence:  June 27, 1977.
  10. Gabon.  Independence:  August 17, 1960.
  11. Guinea.  Independence:  October 2, 1958.
  12. Lao People’s Democratic Republic.  Independence:  July 19, 1949.
  13. Lebanon. Independence from French Mandate: November 22, 1943.
  14. Madagascar.  Independence:  June 26, 1960.
  15. Mali.  Independence:  September 22, 1960.
  16. Mauritania.  Independence:  November 28, 1960.
  17. Morocco.  Independence:  March 2, 1956.
  18. Niger.  Independence:  August 3, 1960.
  19. Republic of Cameroon. Independence from French Trusteeship on January 1, 1960.
  20. Senegal.  Independence:  April 4, 1960.
  21. Syria. Independence from French Mandate: April 17, 1946.
  22. Togo. Independence from French Trusteeship on April 27, 1960.
  23. Tunisia.  Independence:  March 20, 1956.
  24. Vanuatu.  Independence from France and Great Britain: July 30, 1980.
  25. Viet Nam.  Independence:  September 2, 1945.

Denmark—1846 Treaty of Friendship, Commerce and Navigation

Denmark Treaty

On October 19, 1846, a Treaty was signed between Denmark and the Hawaiian Kingdom in Honolulu and thereafter ratified by both governments. Article II of this treaty provides:

“the subjects of His Majesty the King of Denmark, residing within the dominions of the King of the Hawaiian Islands, shall enjoy the same protection in regard to their civil rights as well as to their persons and properties, as native subjects;  and the King of the Hawaiian Islands engages to grant to Danish subjects the same rights and privileges which now are, or may hereafter be, granted to or enjoyed by any other foreigners, subjects of the most favored nation.”

Neither Denmark nor the Hawaiian Kingdom gave notice to the other of its intention to terminate this treaty in accordance with the principles of customary international law.  Therefore, this treaty is still in full force and continues to have legal effect to date. Former Danish territories, which acquired their independence from Denmark, are successor States to, at the very least, Article II of the Hawaiian-Danish Treaty with regard to the citizenry of the successor State that effectively replaced the citizenry of the predecessor State in the treaty. The successor State is:

Iceland.  Independence:  June 7, 1944.

Belgium—1862 Treaty of Amity, Commerce and Navigation

Belgium Treaty

On October 4, 1862, a Treaty was signed between Belgium and the Hawaiian Kingdom in Brussels and thereafter ratified by both governments. Article IV of this treaty provides:

“the respective citizens of the two countries shall enjoy the most constant and complete protection for their persons and property.  Consequently they shall have free and easy access to the court of justice in the pursuit and defense of their rights in every instance and degree of jurisdiction established by the laws.”

Neither Belgium nor the Hawaiian Kingdom gave notice to the other of its intention to terminate this treaty in accordance with the terms of Article XXVII of the 1862 Treaty.  Therefore this treaty is still in full force and continues to have legal effect to date. Former Belgian territories, which acquired their independence from Belgium, are successor States to, at the very least, Article IV of the Hawaiian-Belgian Treaty with regard to the citizenry of the successor State that effectively replaced the citizenry of the predecessor State in the treaty. These successor States are:

  1. Democratic Republic of the Congo.  Independence:  June 30, 1960.
  2. Burundi. Independence from Belgian Trusteeship on July 1, 1962.
  3. Rwanda. Independence from Belgian Trusteeship on July 1, 1962.

Austria/Hungary—1875 Treaty of Friendship, Commerce and Navigation

Austria-Hungary Treaty

On June 18, 1875, a Treaty was signed between Austria-Hungary and the Hawaiian Kingdom in London and thereafter ratified by both governments. Article IV of this treaty provides:

“the Citizens of each high contracting Parties when resident in the territory of the other shall enjoy the most constant and complete protection for their persons and property, and for this purpose they shall have free and easy access to the Courts of Justice, provided by law, in pursuit and defense of their rights.  They shall be at liberty to employ lawyers, advocates or Agents to prosecute or defend their rights before such Courts of Justice.  In fact they shall enjoy in this respect all the rights and privileges which are granted to natives, and shall be subject to the same conditions.”

Following the dismemberment of Austria-Hungary into two separate States of Austria and Hungary following the first Word War, Hungary also became a State party with Austria to the 1875 Treaty with the Hawaiian Kingdom.

Neither Austria nor Hungary nor the Hawaiian Kingdom gave notice to the other of its intention to terminate this treaty in accordance with the terms of Article XIX of the 1875 Treaty.  Therefore this treaty is still in full force, continues to have legal effect to date. Former Austro-Hungarian territories, which acquired their independence from Austria-Hungary, are successor States to, at the very least, Article IV of the Hawaiian-Austro/Hungarian Treaty. These successor States are:

  1. Czech Republic. Independence: October 28, 1918.
  2. Poland. Independence: November 11, 1918.
  3. Slovakia. Independence: Independence: October 28, 1918.