{"id":5352,"date":"2021-10-17T19:30:27","date_gmt":"2021-10-17T19:30:27","guid":{"rendered":"https:\/\/hawaiiankingdom.org\/blog\/?p=5352"},"modified":"2021-10-17T22:04:00","modified_gmt":"2021-10-17T22:04:00","slug":"finland-and-india-close-their-hawaii-consulates","status":"publish","type":"post","link":"https:\/\/hawaiiankingdom.org\/blog\/finland-and-india-close-their-hawaii-consulates\/","title":{"rendered":"Finland and India Close Their Hawai\u2018i Consulates"},"content":{"rendered":"\n

Finland and India followed suit with the Czech Republic<\/a><\/strong> that closed their consulates in Hawai\u2018i as a result of a federal lawsuit filed by the Hawaiian Kingdom against 30 foreign consulates and leadership of the Federal Government and the State of Hawai\u2018i for violations of international law, war crimes and human rights violations. In its Amended Complaint<\/a><\/strong>, the Hawaiian Kingdom alleges:<\/p>\n\n\n\n

104. The PCA Administrative Council\u2019s<\/a><\/strong> annual reports<\/a><\/strong> from 2000-2011 clearly states that the Defendant UNITED STATES OF AMERICA, as a member of the PCA Administrative Council, explicitly acknowledged the continued existence of the HAWAIIAN KINGDOM as a non-Contracting State to the 1907 PCA Convention as evidenced in the PCA Administrative Council\u2019s annual reports. Unlike the ICA and the trial court in Lorenzo<\/em>, the PCA did apply international law in their determination of the continued existence of the HAWAIIAN KINGDOM as an independent and sovereign State for jurisdictional purposes. As such, the treaties between the HAWAIIAN KINGDOM and the Defendant UNITED STATES OF AMERICA remain in full force and effect except where the law of occupation supersedes them. The other Contracting States with the HAWAIIAN KINGDOM in its treaties, which include Austria, Belgium, Denmark, France, Germany, Great Britain, Hungary, Italy, Japan, Luxembourg, Netherlands, Norway, Portugal, Russia, Spain, Sweden, and Switzerland, are also members of the PCA Administrative Council and, therefore, their acknowledgment of the continuity of the Hawaiian State is also an acknowledgment of the full force and effect of their treaties with the HAWAIIAN KINGDOM except where the law of occupation supersedes them.<\/p>

105. The Consular Corps Hawai\u2018i<\/a><\/strong> is comprised of 38 countries, 32 of which are also members of the PCA Administrative Council in The Hague, Netherlands. These countries include, Australia, Austria, Bangladesh, Belgium, Brazil, Chile, Czech Republic, Denmark, Finland, France, Germany, Hungary, India, Italy, Japan, Luxembourg, Mexico, Morocco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Slovenia, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Thailand and the United Kingdom via the Australian Consulate.<\/p>

106. \u00a7458 of the Hawaiian Civil Code states, \u201c[n]o foreign consul, or consular or commercial agent shall be authorized to act as such, or entitled to recover his fees and perquisites in the courts of this Kingdom, until he shall have received his exequatur.\u201d These consulates have not presented their credentials to the HAWAIIAN KINGDOM in order to receive exequaturs but rather received their exequaturs from the Defendant UNITED STATES OF AMERICA under the municipal laws of the United States.<\/p>

107. In diplomatic packages sent to the foreign embassies in Washington, D.C., that maintain consulates in the territory of the HAWAIIAN KINGDOM by DAVID KEANU SAI, as Minister of Foreign Affairs ad interim<\/em>, on April 15th and 20th of 2021, the Ambassadors were notified that their Consulates \u201cwithin the territory of the Hawaiian Kingdom is by virtue of \u2018American municipal laws,\u2019 which stand in violation of Hawaiian sovereignty and independence, and, therefore constitutes an internationally wrongful act.\u201d The diplomatic note further stated that the \u201cCouncil of Regency acknowledges that [foreign] nationals should be afforded remedial prescriptions regarding defects in their real estate holdings that have resulted from the illegal occupation in accordance with \u2018laws and established customs\u2019 of the Hawaiian Kingdom.\u201d This subject is covered in the Royal Commission of Inquiry\u2019s Preliminary Report re Legal Status of Land Titles throughout the Realm<\/em> and its Supplemental Report re Title Insurance<\/em>.\u201d<\/p>

108. The maintenance of Defendants\u2019 foreign Consulates in the territory of the Hawaiian Kingdom also constitutes acts of belligerency. On June 30, 2021, the Czech Republic filed a letter to this Court announcing the temporary closure of its Honorary Consulate in the Hawaiian Kingdom. The Hawaiian Kingdom acknowledges this act of State to be in conformity with Article 30(a) of Responsibility of States for Internationally Wrongful Acts<\/em> (2001), whereby \u201c[t]he State responsible for the internationally wrongful act is under an obligation (a) to cease that act, if it is continuing.\u201d Article 30(b), however, states that the responsible State shall \u201coffer appropriate assurances and guarantees of non-repetition, if circumstances so require.\u201d The Czech Republic has yet to assure the government of the HAWAIIAN KINGDOM guarantees of non-repetition. Furthermore, Article 31 provides that the \u201cresponsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act,\u201d and that the \u201c[i]njury includes any damage, whether material or moral, caused by the internationally wrongful act of State.\u201d<\/p><\/blockquote>\n\n\n\n

The closure of the Czech, Finnish and Indian Consulates are in conformity with Article 30(a) and (b) of the International Law Commission\u2019s articles of Responsibility of States for Internationally Wrongful Acts<\/a><\/strong><\/em> (2001). As a result of the closure of their Consulates, the Czech Republic<\/a><\/strong>, Finland<\/a><\/strong> and India<\/a><\/strong> were dismissed from the lawsuit.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Finland and India followed suit with the Czech Republic that closed their consulates in Hawai\u2018i as a result of a federal lawsuit filed by the Hawaiian Kingdom against 30 foreign consulates and leadership of the Federal Government and the State … 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":[8,6],"tags":[],"class_list":["post-5352","post","type-post","status-publish","format-standard","hentry","category-international-law","category-treaties"],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p31YBQ-1ok","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/5352","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=5352"}],"version-history":[{"count":10,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/5352\/revisions"}],"predecessor-version":[{"id":5364,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/5352\/revisions\/5364"}],"wp:attachment":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/media?parent=5352"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/categories?post=5352"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/tags?post=5352"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}