{"id":347,"date":"2013-02-03T00:23:10","date_gmt":"2013-02-03T00:23:10","guid":{"rendered":"http:\/\/hawaiiankingdom.org\/blog\/?p=347"},"modified":"2013-02-03T00:23:10","modified_gmt":"2013-02-03T00:23:10","slug":"hawaiian-kingdom-treaties-and-international-law","status":"publish","type":"post","link":"https:\/\/hawaiiankingdom.org\/blog\/hawaiian-kingdom-treaties-and-international-law\/","title":{"rendered":"Hawaiian Kingdom Treaties and International Law"},"content":{"rendered":"

The Hawaiian Kingdom is a member State of the Universal Postal Union since January 1, 1882, has forty-six (46) State treaty partners, and, to a limited degree, one hundred twenty-seven (127) successor State quasi-treaty partners. In the Hawaiian Kingdom\u2019s Protest and Demand<\/a> filed with the President of the United Nations General Assembly on August 10, 2012, the Hawaiian Kingdom\u2019s identification of successor States collectively included former colonial, mandate and trust territories. This identification was made without any prejudice to the particular rights of each successor States in relation to the mode of exercising self-determination when they achieved their independence.<\/p>\n

According to Professor Oppenheim, \u201cthere is room for the view that in case of separation resulting in the emergence of a new State the latter is bound by\u2014or at least entitled to accede to\u2014general treaties of a \u2018law-making\u2019 nature, especially those of a humanitarian character.\u201dBeato explains, \u201ccontrary to conventional law\u2019s clean slate doctrine, relatively few newly independent states renounce all of their predecessor state\u2019s treaties. Instead, new states tend to adopt a pragmatic approach which balances issues of self-determination and sovereignty in foreign affairs against the need to foster stability in international relations.\u201d Professor Hershey states that it \u201cis generally agreed that the purely local or personal rights and obligations of the [predecessor State]\u2026remain with the [successor State].\u201d Treaty obligations to private individuals survive the succession and bind the successor State.<\/p>\n

Provisions of these treaties not only protect the private rights and obligations of the citizenry of the predecessor States and their successor States while within the territory of the Hawaiian Kingdom, but also protect the private rights and obligations of the citizenry of the Hawaiian Kingdom while within the territories of the predecessor States and their successor States. This rule stems from the principle of international law that change in sovereignty does not affect the private rights of individuals.<\/p>\n

An example of successorship is Australia. Under the Hawaiian-British Treaty of 1851, British territory included Australia, which at the time was a Crown colony. On January 1, 1901, Australia was granted independence by Great Britain and was no longer a part of British territory. Australia became a successor State of Great Britain, who is now the predecessor State to Australia. The private rights which British subjects held under the 1851 Hawaiian-British Treaty while within Hawaiian territory would now apply to Australian citizens, and the private rights of Hawaiian subjects held under the Hawaiian-British Treaty would apply when Hawaiian subjects are in Australian territory.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Hawaiian Kingdom is a member State of the Universal Postal Union since January 1, 1882, has forty-six (46) State treaty partners, and, to a limited degree, one hundred twenty-seven (127) successor State quasi-treaty partners. In the Hawaiian Kingdom\u2019s Protest … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,5],"tags":[],"class_list":["post-347","post","type-post","status-publish","format-standard","hentry","category-international-relations","category-national"],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p31YBQ-5B","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/347","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/comments?post=347"}],"version-history":[{"count":3,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/347\/revisions"}],"predecessor-version":[{"id":350,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/347\/revisions\/350"}],"wp:attachment":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/media?parent=347"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/categories?post=347"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/tags?post=347"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}