Rec. OHA has spent a least 20 million dollars in their quest for FEDREC, starting with the Akaka bill, kau inoa, kanaioluwalu and now Nai’ aupuni.. In The Lotus case, the international court stated, “Now the first and foremost restriction imposed by international law upon a State is that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State [Lotus, PCIJ, ser. My apology for the wrong channel, it is channel 52, Olelo on demand. 6636 (July 4, 1898)].”, Senator Thomas Turley stated, “The Joint Resolution itself, it is admitted, amounts to nothing so far as carrying any effective force is concerned. endobj Magallanes also lists the many reasons why an occupation could not have happen because of how international law was understood in the late 1800’s in comparison to international law after 1947. endobj It has no other or greater force. Thus, some of the objectives of international law can seem to be in conflict with the purposes of national law. "+� �r�^���X�֢�6d? <> It does not bring that country within our boundaries. You have to see the pro’s and con’s before making a decision but it is yours to make. Other States, called States with a civil law tradition, do not recognize judge made law, but only laws enacted by the legislature. As a result, international law is difficult to enforce. National law is concerned with running a particular country and promoting the interests of its people. It seems like an expensive work shop paid for with Trust money. A no. endobj Aloha kuniole, what segment of the series is the speaker introduced? Mahalo ia keia hoomoakaka ana. "1��� tU�|>�&g3B3Z�ɇ4���`@@���?�����͖ܲi2}G`� 17 0 obj '0E5}驞�e��`���&U��W+�Q�5�|�Tq��Mg� s��iܻ��E�%���e�@{��=�z'���Q�\��.��5]�u���r��F79T��lST��=�� W��ypz�CW�]��J�c���*��vjە��Y�p� An expert speaker was brought in to help the delegates understand international law, Her name is Catherine Iorns Magallanes, Law Professor at Victoria University of Wellington in New Zealand. endobj The defendant, Curtiss-Wright Export Corporation, was indicted for violating the joint resolution. <> endobj Rec. stream stream Because the international community strives to avoid war at all costs, economic sanctions are one of the few measures that can be used against transgressors of international law. 13 0 obj Aloha kuniole, mahalo for the Olelo TV information. Post was not sent - check your email addresses! In 1936, the United States Supreme Court explained the difference between the two laws. There are other international lawyers and professors that say Hawaii is occupied and that FEDREC is an inappropriate remedy. 12 0 obj 5 0 obj <> Will 5G Impact Our Cell Phone Plans (or Our Health?! x��TMo1����a�v$̌��[�� endobj Nevertheless, whether this action demonstrates the constitutional power of Congress to acquire territory is certainly questionable.” The Attorney General then concluded, “It is therefore unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution.”. It must be accepted—joined in by the other party. <> 19 0 obj Regardless on the view of occupation, I would have hoped a participant would have asked the most obvious question to an attorney at the aha. Upon retiring they moved back to their home country and are collecting their S.S. checks. <> How Does International Law Differ From National Law? International law differs from national law in its aims, subjects, boundaries and deliberative bodies. The definition of international law centers on the word “inter,” which means “between,” as opposed to “intra,” which means “within.” So, literally, “international law” is defined as “law between nations (States),” which stem from agreements, embodied in a treaty, or customs that is recognized by all nations. 7 0 obj endobj UI(8)RXZBR���ޅ��g�ƞy��ف�G���׃wC����p ?�"���A&�FX�4�re��p�&��.� ���0)���s���j�q�tG*��0~����"נMx"�CMaM]�:\��-�Yq͖/���%'�p#�L�L`�A#v��m��V"�;��\k�G��L��e$�tJdA�B��wl�mh�Kd��l� �-��Sh����l��s�˙>���7��t��u�y���j�e�UՀ�m�;�064P*z�r���"�!�oR�.�� ^#�,\��d�E|͆�$; <> As part of its decision, the Supreme Court needed to distinguish between the joint resolution, being a Congressional law, and the power of the President under international law. 259 on May 4, 1898, after the Senate could not garner enough votes to ratify a so-called treaty of annexation. 6 0 obj National law, which is often referred to as domestic law, are those laws that exist “within” a particular nation (State). When it ends you are still eligible for the benefits of that private contract because you invested into it. ��H��ɭ�(I��)e!6u��o���;�\�U�y������irȇ��ʌ2�iE�Wp+J�x�#�F����R���&*h���ϫ8x����Z��a����Ƒ2�� ��(w����c�[�!ij��4U�"�ݶaR���J3��˶)��h ��-��ϻ���Å�u��}�1���t!�o��_���¤d�:��y�dE��p�Z7��V�2c]��.�\r^(�9Wf�OFNt`�L\�G��e�px���e�G�{�1J���? ), The Secret Science of Solving Crossword Puzzles, Racist Phrases to Remove From Your Mental Lexicon. endobj The Difference between International Law and National Law, Statute of the International Court of Justice, military necessity to annex the Hawaiian Islands during the Spanish-American War. Constitutional challenge. The United Nations describes international law as defining the legal responsibilities that states have one to another. National laws are also recognized as the expression of the State itself, since it emanates from the local authority, which could be the law making institution, such as the United States Congress or the French Parliament. Without a clear plan on defeating another legal challenge the aha is pointless. I cannot wait for this occupation to start coming to end. There is therefore, no treaty [31 Cong. It does not consummate itself [31 Cong. International law, on the other hand, promotes mutual disarmament as a way of establishing peace. If I’m wrong in my understanding about when the occupation began and what I’ve come to believe as our country being under prolonged occupation, can someone help me understand this as I’m confused after listening to Magallanes’ explanation on international law in 1893. You have to understand that surviving is the key in occupation. However, international law does not strive to benefit a single nation or group of nations. Senator Augustus Bacon, stated, “The proposition which I propose to discuss is that a measure which provides for the annexation of foreign territory is necessarily, essentially, the subject matter of a treaty, and that the assumption of the House of Representatives in the passage of the bill and the proposition on the part of the Foreign Relations Committee that the Senate shall pass the bill, is utterly without warrant in the Constitution [31 Cong. x�}ROO�0�G�wxG��{�v�Hi-1Q������,Rp����0;j���l��_��������)�� �N��#MP! !Ψ��Ď�UV�O^��'��}r�{�Nj�z���L���45�r� �-�V� Obviously they haven’t figured it out since Rice vs. Cayetano. 14 0 obj After two failed attempts to acquire Hawai‘i by a treaty, which is international law, from an insurgency established by the United States diplomat on January 17, 1893, and admitted by President Grover Cleveland to be unlawful, the United States Congress enacted a joint resolution “purporting” to annex the Hawaiian Islands on July 6, 1898, and President William McKinley signed it into United States law the following day. The right to annex by treaty was not denied, but it was denied that this might be done by a simple legislative act…Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial force—confined in its operation to the territory of the State by whose legislature it is enacted.”, Ninety years later, in 1988, the United States Attorney General reviewed these Congressional records and in a legal opinion stated, “Notwithstanding these constitutional objections, Congress approved the joint resolution and President McKinley signed the measure in 1898. 6636 (July 4, 1898)].”, According to Westel Willoughby, a United States constitutional scholar, “The constitutionality of the annexation of Hawaii, by a simple legislative act, was strenuously contested at the time both in Congress and by the press. endstream <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 19 0 R/Group<>/Tabs/S/StructParents 2>> <> It would definitely make it difficult for you to function and survive the occupation. x��W�o�F~���a�S���)B���ԪW�:W}�����|i��wf�`p���f����ff!�_�������[¢��n�����2Ƹ, �`Dy������$�8yjl�9�:F�ƣ_�#r�yNH+ ���O�����̩��������O��Є�������U�,�����m.>�G_�b�:I�}���d��xt�� Difference Between National Law and International Law International law is the law that governs relations between nations and the different nationalities of people that inhabit the different nations. International law differs from national law in its aims, subjects, boundaries and deliberative bodies. ��U#� There is no treaty; no one can reasonably aver that there is a treaty. 10, 18 (1927)].”. %���� �F�Mwb#$�;º9|�I��S00��I�#$�?�d�L��6�$�݊S�tx�08�*�]�7!���K�H����*R�UI`r*�-���J�~� 8X!�\�Nf�)���QgK�޼j��[��R0}��5�Wi ��P���<80V�LWUyen��^E�oH�´�R�W=�ў�x��`v��+��x}�=qU7��w���3Ÿ���y�E}?ij��&�5������>. 2 0 obj endobj Because of the injunction, you got Non-elected participants (not delegates), drafting a governing document that will not be used even if they could elect delegates in the future. Aloha kuniole, I haven’t seen the show yet but would just like to say the Aha is pro-FEDREC and would only hire a speaker that would support their position. Is there legal recourse within U.S. law that could defeat a similar challenge which caused the U.S. Supreme Court to issue an injunction against the ballots being counted.

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