hawaiian kingdom blog

The truth of the matter is that this congressional action is what sparked the Mexican-American war in 1846. According to Professor Oppenheim, once recognition of a State is granted, it is incapable of withdrawal by the recognizing State, and Professor Schwarzenberger explains that recognition estops the State which has recognized the title from contesting its validity an any future time. 202 goes on to say that the duty to treat a qualified entity as a state also implies that so long as the entity continues to meet those qualifications its statehood may not be derecognized. If the entity ceases to meet those requirements, it ceases to be a state and derecognition is not necessary.. The Hawaiian Kingdom is different from the Palestinian situation in that the United States already recognized the Hawaiian Kingdom as a State in its treaties. What undercuts this argument is the United States own Restatement (Third) Foreign Relations Law, 202, comment g, which clearly states, The duty to treat a qualified entity as a state also implies that so long as the entity continues to meet those qualifications its statehood may not be derecognized. If the entity ceases to meet those requirements, it ceases to be a state and derecognition is not necessary., This is merely reiterating the rule of customary international law. 1602 et seq. The federal court, in 2002, referred to the Lorenzo case as the Lorenzo principle. Phase I was completed when the Permanent Court of Arbitration (PCA) acknowledged the continued existence of the Hawaiian Kingdom as a State for the purposes of its institutional jurisdiction under Article 47 of the 1907 Hague Convention, I, for the Pacific Settlement of International Disputes prior to forming the arbitration tribunal on June 9, 2000. Prior to the issuing of a title insurance policy, the escrow company does a title search on the property that the borrower intends to use as a security instrument, also called a mortgage, to ensure the repayment of the loan. The Hawaii Supreme Court, inState of Hawaii v. Armitage, clarified this evidentiary burden. Lorenzo held that, for jurisdictional purposes, should a defendant demonstrate a factual or legal basis that the [Hawaiian Kingdom] exists as a state in accordance with recognized attributes of a states sovereign nature[,] and that he or she is a citizen of that sovereign state, a defendant may be able to argue that the courts of the State of Hawaii lack jurisdiction over him or her. According to the Pennsylvania court, in Hicks v. Saboe, The purpose of title insurance is to protect the insuredfrom loss arising from defects in the title which he acquires. The federal court, in Omega Healthcare Investors, Inc. v. First Am. The continuity of the Hawaiian Kingdom, in other words, may be refuted only by reference to a valid demonstration of legal title, or sovereignty, on the part of the United States, absent of which the presumption remains.. Individuals claiming Hawaiian Titles of Nobility, which include Abigail Kawananakoa, Owana Salazar, Mahealani Ahsing, Windy Lorenzo, Ruth Bolomet, just to name a few, are not who they claim. I also served as lead agent for the Hawaiian Kingdom at the Permanent Court of Arbitration from 1999-2001 where the Court acknowledged the continued existence of my country as a sovereign and independent State. In this case, the authority would come under Article II of the U.S. Constitution, which is the executive branch of government headed by the President. The meeting also constituted recognition of the restored government. What occurred is akin to legal representation or agency of necessity. In its address to the Legislature, the Cabinet stated: Documents delivered to your President, contain official evidence of the decease of His late Majesty Kamehameha V. His earthly existence terminated at Iolani Palace, in Honolulu, in the Island of Oahu, upon the forty-second anniversary of his birth, being the eleventh day of December, in the year of Our Lord One Thousand Eight Hundred and Seventy-two. Palestine has yet to be recognized by the United States as a sovereign and independent State, which prevented the PLO from claiming that Palestine is a State in U.S. federal courts. The proceedings before the federal court in Honolulu was to get Judge Kobayashi to transform into an Article II Occupation Court so it would have lawful authority. In this case, international law requires that only Article II Occupation Courts that administer the laws of the occupied State and the law of occupation can be established in the territory of the Hawaiian Kingdom. According to the American Law Institute, a rule of international law is one that has been accepted as such by the international community of states (a) in the form of customary law; (b) by international agreement; or (c) by derivation from general principles common to the major legal systems of the world. Only by a treaty of cession, which is an international agreement, could the United States have extinguished the Hawaiian Kingdom as a State. The principle is evidence based and requires defendants in cases that have come before courts of the State of Hawaii since 1994 to provide evidence that the kingdom continues to exist and to not just argue that it exists. If you have a mortgage you did purchase a title insurance policy to protect the lender. Without providing a treaty of peace whereby the Hawaiian Kingdom ceded itself to the United States, the presumption of continuity remains. Only a sitting Monarch can nominate an heir apparent to the Throne, which will then require confirmation by the Nobles in the Legislative Assembly. When Kamehameha commissioned a flag for the Kingdom of Hawaii in 1816, the designer incorporated the "Union Jack"." Therefore, Defendant opposes an order from a federal court forcing him to pay foreign taxes through a foreclosure mechanism.. In its Opposition, the Hawaiian Kingdom concluded with: For these reasons, the Plaintiff respectfully requests that the Court schedule an evidentiary hearing in accordance with the Lorenzo principle for the State Defendants to provide rebuttable evidence, whether factual or legal, that the Hawaiian Kingdom ceases to exist as a State in light of the evidence and law in the instant motion. Hawaii an independent country under prolonged illegal occupation. App. Independent States have exclusive authority over its territory that is subject to its own laws and not the laws of any other State. Without the support of his Chiefs, Kamehamehas kingdom would be fractured after his death. That the king or regent grant pardons at all times. Submitting an insurance claim is a private matter that is subject to the terms of your contract or policy. Examples of foreign States ceding sovereign territory to the United States by a peace treaty include the 1848Treaty of Peace, Friendship, Limits, and Settlement with the Republic of Mexicothat ended the Mexican-American war, and the 1898Treaty of Peace between the United States of America and the Kingdom of Spainthat ended the Spanish-American War. These federal proceedings have now come to a close and the records have been preserved when the Hawaiian Kingdom filed a Notice of Appeal on April 24, 2022, to be taken up by an Article II Occupation Court of Appeals that has yet to be established by the United States. The legal situation of the territory can be altered only through a peace treaty or debellatio. Unlike Ukraine, there was no Reuters news agency in the 1890s informing the world of the illegal activities of the United States against the Hawaiian Kingdom and the illegal annexation of the Hawaiian Islands for military purposes during the Spanish-American War. Two years later, both the Hawaiian Kingdom, as a State, and the Council of Regency, as its government, was acknowledged in 1999 by the Permanent Court of Arbitration in The Hague, Netherlands, in Larsen v. Hawaiian Kingdom. When the Court has jurisdiction, the Plaintiff will not oppose the State Defendants motion to set aside defaults. These District Courts are located within the United States. Occupation Comes to an End, Donovan Prezas Fourth of Four Presentations United Church of Christ Kuleana Lands, Donovan Prezas Third of Four Presentations United Church of Christ Konohiki Lands Kings Crown Lands, Donovan Prezas Second of Four Presentations United Church of Christ Government Lands, Donovan Prezas First of Four Presentations United Church of Christ An Overview of the Great Mahele, Dr. Ron Williams Fourth of Four Part Series United Church of Christ I ka W Mamua, ka W Mahope (Future is in the Past), Hawaiian Kingdom v. Biden: Federal Judge Acknowledges the Hawaiian Kingdom Continues to Exist under International Law. At the highest number of years for a title search are Colorado, Kansas, Montana, Nebraska, North and South Dakota, and Wyoming at 187 years. When the Lorenzo Court acknowledged that Lorenzo did state in his motion to dismiss the indictment that the Hawaiian Kingdom was recognized as an independent sovereign nation by the United States in numerous bilateral treaties, it set the presumption to be the Hawaiian Kingdoms existence as a State under international law and not the existence of the State of Hawaii as a political subdivision of the United States. No person shall ever succeed to the crown, unless he be a descendant of the aboriginal stock of Aliis. It would appear that Kamehameha III was aware of King George IIIs insanity while the Hawaiian Kingdom was a British Protectorate and it no doubt informed Hawaiian governance. When they have to answer the question thats when you can knock them out. The Hawaiian king had flown it out of respect for King George III and as a sign of friendship with Britain.During the War of 1812, Americans on the islands were unhappy with such a partisan act. In other words, the Hawaiian Kingdom did ha[ve] a defined territory and a permanent population, [that are] under the control of [their] own government, and that engage[] in, or ha[ve] the capacity to engage in, formal relations with other such entities. In fact, the Hawaiian Kingdom had an embassy in Washington, D.C., and the United States had an embassy in Honolulu. Judge Kobayashis statement would appear that these courts concluded the Hawaiian Kingdom does not exist as a State, which was clearly not the case. When the Hawaiian Kingdom filed itsNotice of Appealwith the Clerk of the United States District Court for the District of Hawaii on April 24, 2022, it specifically stated that the Hawaiian Kingdom was appealing to a competent Court of Appeals to be hereafter established by the United States as an Occupying Power within the territory of the Hawaiian Kingdom. In 1922, the Kalkaua Dynasty ended with the passing of Prince Jonah Kuhio Kalanianaole. When the proceedings began, the focus was on getting the federal court to transform from an Article III Court to an Article II Occupation Court. AHEC specifically: Condemns the unlawful presence of the U.S. Indo-Pacific Command with its 118 military sites throughout the Hawaiian Islands. According to the second revised edition of the book Kamehamehas Children Today by Charles Ahlo, Rubellite Kawena Kinney Johson, and Jerry Walker, Kamehameha I had 30 wives, 18 of whom had 35 children. That a port duty be laid on all foreign vessels. This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands. SeeLorenzo, 77 Haw. The Court has provided no legal basis to grant Defendants cross-motion to dismiss first amended complaint. Once the claim, whether by the owner or the lender, is received by the insurance company you will receive a letter acknowledging your claim and assigning it a claim number. Because it is illegal it did not alter the territorial integrity of both the Hawaiian Kingdom and Ukraine as independent States. Lorenzo has presented no factual (or legal) basis for concluding that the Kingdom exists as a state in accordance with recognized attributes of a states sovereign nature.. Item Weight 23.7 Pounds. Normally defendants named in an appeal would file, if appropriate, a Motion to Dismiss for Forum Non Conveniens, and not the plaintiff in an appeal to dismiss its appeal. Hawaiian big bud 0-1-3 is a liquid mid stage bloom stimulant that will help give you the biggest yields possible for your garden. There are no heirs to the Throne, and the Legislative Assembly will have to be reconvened, by the Council of Regency, after the occupation comes to an end to elect by ballot some native Alii of the Kingdom as Successor to the Throne. A native Alii will be drawn from those who are a direct descendant of the genealogies provided by the Board of Genealogists that were published in 1896 in the Ka Makaainana newspaper. For one State to acquire the territory of another State there needs to be a treaty like the United States treaty of cessions with Great Britain, France, Mexico, Russia and Spain. The Lorenzo principle is State of Hawaii common law or judge made law that centers on whether the Hawaiian Kingdom continues to exist as a State despite the overthrow of its government by the United States on January 17, 1893. As common law of the State of Hawaii, Judge Kobayashi was bound to apply it in this case because of 34 of the Federal Judiciary Act of 1789, which is codified under 28 U.S.C. The OLCs memorandum opinion was written for the Legal Advisor for the Department of State regarding legal issues raised by the proposed Presidential proclamation to extend the territorial sea from a three-mile limit to twelve miles. Both were illegal under international law and so is the annexation of Hawaii. The Hawaiian Kingdom responded with a Motion for Reconsideration filed on April 11, 2022, that legally compelled Judge Kobayashi to provide a "valid demonstration of legal rights, or sovereignty, on the part of the United States, absent of which the presumption remains.". Kalkaua died in San Francisco on January 20, 1891, and his body returned to Honolulu on the 29th. As such, all titles that have since been alleged to have been conveyed after January 17, 1893, are void ab initio due to forged certificates of acknowledgment by individuals impersonating public officers. Most people are unaware as to what title insurance is and how it works. When federal court proceedings for Hawaiian Kingdom v. Biden were initiated on May 20, 2021, the courts status as an Article III Court was the primary issue. In its Motion to Dismiss, the Hawaiian Kingdom is setting the stage for the United States, as a defendant in this case, to provide evidence that the Hawaiian Kingdom was extinguished as a State under international law. In the 1864 Constitution, Article 22 states: The Crown is hereby permanently confirmed to His Majesty Kamehameha V, and to the Heirs of His body lawfully begotten, and to their lawful Descendants in a direct line; failing whom, the Crown shall descend to Her Royal Highness the Princess Victoria Kamamalu Kaahumanu, and their heirs of her body, lawfully begotten, and their lawful descendants in a direct line. To find out if you have an owners policy check your closing papers from escrow to see if you purchased a policy. Lorenzo held that, for jurisdictional purposes, should a defendant demonstrate a factual or legal basis that the [Hawaiian Kingdom] exists as a state in accordance with recognized attributes of a states sovereign nature[,] and that he or she is a citizen of that sovereign state, a defendant may be able to argue that the courts of the State of Hawaii lack jurisdiction over him or her. The State of Texas was on Mexican territory and not United States territory. In her August 15 Order, she stated: Here, whether the Hawaiian Kingdom continues to exist as a sovereign and independent state is not a controlling question of law. Additionally there are a million speakers of Khmer native to southern Vietnam (1999 census) and 1.4 million in northeast Thailand (2006).. Khmer dialects, although mutually intelligible, are sometimes quite marked. In the latest filings in Hawaiian Kingdom v. Biden et al., the Hawaiian Kingdom delivered the knockout punch. Judge Leslie Kobayashi was forced to answer the question of whether the Hawaiian Kingdoms continued existence as a State under international law was extinguished by the United States. By making the Lorenzo principle into federal common law, which means judge made law at the federal level, the Ninth Circuit is bound by the Lorenzo principle, especially when the Ninth Circuit applied the Lorenzo principle in two cases that it heard on appeal. And when the child is eventually rescued and the power of the abductor eliminated and taken into custody, the child can then return to the family. District Court Judge Leslie Kobayashi did not terminate the proceedings in Hawaiian Kingdom v. Biden. It is not an international treaty. According to Professor Peterson: A government succeeding to power according to the constitution, basic law, or established domestic custom is assumed to succeed as well to its predecessors status as international agent of the state. Therefore, the Hawaiian Kingdom as a State is presumed to continue to exist despite its government being unlawfully overthrown by the Defendant Appellee UNITED STATES OF AMERICAs military on January 17, 1893. For the past century, the United States has and continues to commit the war crime of usurpation of sovereignty, under customary international law, by imposing its municipal laws over Hawaiian territory, which has denied Hawaiian subjects their right of internal self-determination by prohibiting them to freely access their own laws and administrative policies, which has led to the violations of their human rights, starting with the right to health, education and to choose their political leadership. And that since the Ninth Circuit is not unlawful because it sits within the territory of the United States in the city of San Francisco, it should apply the Lorenzo principle in this unique case that has now come before it. These are the persons who have had the direction of it from that time down, Kamehameha II, Kaahumanu I, and at the present time Kamehameha III. One of the fundamental principles of international law is the sovereignty, which is supreme authority, and territorial integrity of an independent State. In 1997, a treaty of friendship, cooperation, and partnership between Ukraine and the Russian Federation was signed that came into force on April 1, 2000. Only if there is legal discontinuity at the domestic level because a new government comes to power in some other way, as by coup dtat or revolution, is its status as an international agent of the state open to question. It was in plain view when the Lorenzo Court stated that the courts rationale is open to question in light of international law., As a federal judge, Judge Kobayashi is obligated to apply international law to the Lorenzo doctrine, because the U.S. Supreme Court, in the The Paquette Habana case, stated, International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.. This court sees no reason why it should not adhere to theLorenzoprinciple. The confirmation process ensured that Alexander Liholiho was not convicted of an infamous crime, or who is insane or an idiot.. According to Baker, Miceli, Sirmans, and Turnbulls article, Optimal Title Search, in the Journal of Legal Studies, Some states have no set length but instead require that the entire title history of a parcel of land be searched back to the states date of patent, which include Alaska, Arizona, California, Florida, Idaho, Kansas, Montana, Nebraska, Nevada, North and South Dakota, Oregon, Texas and Washington. This Grand Strategy of the Council of Regency is long term, not short term, and can be compared to Chinas Grand Strategy, which is also long term. A legal question is where a court makes a decision based on factual or legal evidence, and in order for the court to decide that legal question it must have jurisdiction to do so. Grave breaches are war crimes that have been codified under federal criminal law in Title 18 U.S. Code 2441(c)(1). Thus, Lorenzo does not recognize a fundamental right to build a sovereign Hawaiian nation.. In its Notice of Appeal, the Hawaiian Kingdom addressed the lack of fairness by the federal Court and the legal consequences of Judge Kobayashis actions that constitute the war crime of willfully depriving the Hawaiian Kingdom of its rights of fair and regular trial guaranteed in the 1949 Fourth Geneva Convention. The Hawaiian Kingdom also filed a request for the Magistrate Judge to take Judicial Notice of evidence that the Hawaiian Kingdom continues to exist as a State. The lender, not the borrower, has a copy of the lenders policy that was purchased by the borrower. He warned that a maritime power could well seize the Hawaiian Islands, and that the United States should take that first step. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it. Like the Congress, the judicial branch is powerless to invade the executive branch. The opportunity for the United States to seize the Hawaiian Islands occurred at the height of the Spanish-American War. The following day, the Council, which included David Keanu Sai, acting Minister of Interior and Chairman of the Council of Regency, as Agent, and two Deputy Agents, Peter Umialiloa Sai, acting Minister of Foreign Affairs, and Mrs. Kaui P. Sai-Dudoit, formerly known as Kaui P. Goodhue, acting Minister of Finance, met with Ambassador Bihozagara in Brussels. Last updated: September 10 2021 This crossword clue ___ the 25-Down, founder of the kingdom of Hawaii was discovered last seen in the September 10 2021 at the New York Times Crossword. The Ninth Circuit, this court, and Hawaii state courts have rejected arguments asserting Hawaiian sovereignty. She then concludes, without reference to any evidence, Plaintiffs claims are so patently without merit that the claims require no meaningful consideration.. In other words, the Congress could not extend the territorial sea an additional nine miles by statute because its authority was limited up to the three-mile limit. Acknowledging the obligation to preserve all the rights, honors and dignities appertaining to the Throne, and to transmit them unimpaired to a new Sovereign, it will become their duty, upon his accession, to surrender to him the authority conferred upon them by his late lamented predecessor. 8. Even in the 17 federal cases that applied the Lorenzo principle, which includes Goo, did the courts invoke the political question doctrine. They have appreciated the responsibility resting upon them, and have striven to maintain tranquility and order, and, especially, to guard your proceedings against improper interference. Unlike a lenders policy that covers the debt owed to the lender, an owners policy covers the owners loss, which is the appraised value of the property at the time the policy is taken out. On November 30, 1863, Kamehameha IV died unexpectedly, and left the Kingdom without a successor. The chiefs collectively agreed to forgo this ancient custom, and the lands were maintained in the hands of the original tenants in chief and their successors, subject to reversion only in times of treason. Territorial integrity is acknowledged in article 8 of the treaty that states each of the two contracting parties engages that the citizens or subjects of the other residing in their respective states, shall enjoy their property and personal security, or the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries respectively.. What is before the Ninth Circuit are not the two preliminary judgments made by Judge Leslie Kobayashi, but rather the lawful authority for Judge Kobayashi to make the judgments in the first place. The Hawaiian government was established in accordance with the Hawaiian constitution and the doctrine of necessity to serve in the absence of the office of Executive Monarch. Keanu has been brilliant about if the ring is this big-this is the boxing ring-when youre standing here and America is standing there youre not going to punch, youre not going to land your knockout punch from across the ring. Kamehameha, King of Hawaii Island, consolidated the four kingdoms establishing the Kingdom of the Sandwich Islands in 1810, which later became the Kingdom of the Hawaiian Islands. When the Hawaiian Kingdom filed its Notice of Appeal with the Clerk of the United States District Court for the District of Hawaii on April 24, 2022, it specifically stated that the Hawaiian Kingdom was appealing to a competent Court of Appeals to be hereafter established by the United States as an Occupying Power here in the territory of the Hawaiian Kingdom. AH - 125, Shanthi Colony, Anna Nagar, Chennai- 600101 Tamilnadu Tel: 91 44 26543603 Fax: 91 44 26543604 Cable : MARINE AUTHORITY E. com, Website: www. com Made in UK Used Clothes Directory - Offering Wholesale United Kingdom Used Clothes from UK Used Clothes Manufacturers, Suppliers and Distributors at TradeKey. In his 1821 book, Voyage of Discovery, Kotzebue states of a proposed division of the kingdom with Kalanimoku having Oahu, Keeaumoku having Maui, Kaumualii retaining Kauai, and Liholiho, Kamehamehas heir, having Hawaii island. The Ninth Circuit Court of Appeals can only hear appeals that come from one of the District Courts within its circuit. 4. Under international law, to annex territory of another State is a unilateral act, as opposed to cession, which is a bilateral act between States. For 28 years the State of Hawaii courts and the U.S. federal court in Hawaii have been applying the Lorenzo doctrine, which they created, wrong. According to the International Court of Justice, in the Case concerning the Temple of Preah Vihear (Cambodia v. Thailand), acquiescence concerns a consent tacitly conveyed by a State, unilaterally, through silence or inaction, in circumstance such that a response expressing disagreement or objection in relation to the conduct of another State would be called for. According to Professor MacGibbon, under international law, the function of acquiescence may be equated with that of consent, whereby the primary purpose of acquiescence is evidential; but its value lies mainly in the fact that it serves as a form of recognition of legality and condonation of illegality and provides a criterion which is both objective and practical., The failure of the United States to disagree or object to the Hawaiian Kingdom being acknowledged as a State by the Permanent Court of Arbitration, and its failure to disagree or object to the statement to the Human Rights Council regarding the war crime of usurpation of sovereignty are official acts by the United States under customary international law. According to Judge Crawford, there is a presumption that the State continues to exist, with its rights and obligations despite a period in which there is no, or no effective, government. Judge Crawford also stated that belligerent occupation does not affect the continuity of the State, even where there exists no government claiming to represent the occupied State.. The OLC concluded that only the President and not the Congress possesses the constitutional authority to assert either sovereignty over an extended territorial sea or jurisdiction over it under international law on behalf of the United States. As Justice Marshall stated, [t]he President is the sole organ of the nation in its external relations, and its sole representative with foreign nations, and not the Congress. These persons have had the direction of the kingdom down to the present time, and all documents written by them, and no others are the documents of the kingdom. Trial does not exist, the Hawaii Supreme courts citation of Lorenzo was in 2021 14. Islands and the Russian kettle Black Kingdom delivered the knockout punch on his world tour January! 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