The other states of the union were formed out of territories acquired by the federal government through international treaties, with the exception of Hawaii, which was unilaterally annexed by a congressional statute in 1898. As the United States Supreme Court, in Erie R.R. In the case of Ukraine, everyone in the world already knows that Ukraine is a "State" under international law. 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. According to Article 22 of the 1864 Constitution, the Cabinet Council, immediately after the occurring of such vacancy, shall cause a meeting of the Legislative Assembly, who shall elect by ballot some native Alii of the Kingdom as Successor to the Throne. Article 33 also provides that the Cabinet Council at the time of such decease shall be a Council of Regency, until the Legislative Assembly, which shall be called immediately, may be assembled.. Reinforcing this statute, the United States Supreme Court, in Erie R.R. Information in the letter is from the filings in Hawaiian Kingdom v. Biden. Additional factual basis of continuity includes the delivering of an oral statement to the United Nations Human Rights Council on March 22, 2022, by Dr. David Keanu Sai, as Minister of Foreign Affairs ad interim. Federal statute 28 U.S.C. Although President Cleveland apologized for the overthrow of the Hawaiian Kingdom government and entered into a treaty with Queen Liliuokalani on December 18, 1893, to restore her to the Hawaiian throne as a constitutional executive monarch, he was prevented from doing so because of the war hawks in the Congress that wanted Pearl Harbor. The Hawaiian Kingdom v. Biden federal lawsuit is still playing out at the United States District Court for the District of Hawaii, despite the case also being heard by the Ninth Circuit Court of Appeals in San Francisco. Accordingly, it is doubtful that the acquisition of Hawaii can serve as an appropriate precedent for a congressional assertion of sovereignty over an extended territorial sea., That territorial sea referred to by the OLC was to be extended from three to twelve miles under the 1982 United Nations Law of the Sea Convention. 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. Dr. Sai is currently a Lecturer in Political Science and Hawaiian Studies at the University of Hawaii Windward Community College and Affiliate Faculty of the Graduate Division of the University of Hawaii College of Education. The defendants attorney would then file a motion to dismiss stating that the traffic court does not have jurisdiction over an allegation of manslaughter, and that the proper court would be the circuit court that has jurisdiction. 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. The United States cannot simply de-recognize an independent State because it is politically convenient to do so. Therefore, Defendant opposes an order from a federal court forcing him to pay foreign taxes through a foreclosure mechanism.. According to Blacks Law Dictionary, a presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. In other words, presumption is a rule of international law where a recognized independent State is a basic fact that gives rise to the existence of a presumed fact, which is its continued existence until this presumed fact is rebutted with evidence. As Abraham Lincoln once asked, how many legs does a calf have if you call its tail a leg? Since the death of Kamehameha in 1819, the Hawaiian Kingdom, as a feudal autocracy, had no uniform system of laws systematically applied throughout the islands. Many people dont even know that they may have purchased an owners policy unless they look at their closing papers from escrow. U.S. District Judge David Ezra, who was the presiding judge in United States v. Goo, stated that he was adhering to the Lorenzo principle and that the defendant did not meet his burden of proof. 1292(b) allows for Orders, called interlocutory orders, to be appealable if there is a difference of opinion regarding a controlling question of law. In 1789, as a result of the federalist movement, these 13 sovereign and independent States collectively gave their independence to the federal government, which came to be known as the American union. The title insurance claim was that the Owners deed was not lawfully executed according to Hawaiian Kingdom law [because] the notaries public and the Bureau of Conveyance werent part of the Hawaii[an] Kingdom, that the documents in [the claimants] chain of title were not lawfully executed.. There having been no such appointment or Proclamation, the Throne became vacant, and the Cabinet Council immediately thereupon considered the form of the Constitution in such case made and provided. When there is no statute or law that would apply to a particular issue, the courts are allowed to make decisions that bind the lower courts when those type of matters come before the trial courts. The title insurance claim was that the Owners deed was not lawfully executed according to Hawaiian Kingdom law [because] the notaries public and the Bureau of Conveyance werent part of the Hawaii[an] Kingdom, that the documents in [the claimants] chain of title were not lawfully executed. In other words, theLorenzodoctrine, when applying international law correctly, would compel the title insurance company to pay the claimant his $178,000.00 covered under the owners title insurance policy he had purchased to protect him in case there was a defect in the title. Jurassic World is set on the fictional Isla Nublar off Costa Rica, but the movie crew used the Mount Waialeale, Olokele Valley, and other Kauai . By preserving the record, the Hawaiian Kingdom can utilize Judge Kobayashis statements against the United States and the State of Hawaii and its Counties. The Lorenzo Courts standard of review in determining whether the Hawaiian Kingdom exists as a State placed the burden of proof on Lorenzo as the defendant. The United States has not established competent courts of appeal in the Hawaiian Kingdom or in the United States to address the Hawaiian Kingdoms instant appeal. As Sir Walter Scott wrote in 1808, Oh, what a tangled web we weave when first we practice to deceive. It means that when you act dishonestly you are initiating problems, and a domino structure of complications, which will eventually run out of control. For the past 28 years, State of Hawaii v. Lorenzo was cited by the Hawaii Supreme Court in 8 cases, the most recent was in 2020. We cannot object to the title of the respondent that it is doubtful or unmarketable. The Davis court also concluded that the liability of the insurer was definitely fixed under the terms of the policy, to either remedy the defect or the payment of loss was due, under the policy, within 30 days thereafter., To determine on-record defects in title, a title insurer relies on a competent title search. The state, not the government, is the major player, the legal person, in international law. This raises an important point that the overthrow of the Hawaiian government did not affect, in the least, the continuity of the Hawaiian Kingdom as a State, being a legal person under international law. The other 12 did not have any children. In its motion the Hawaiian Kingdom is asking the Ninth Circuit Court to dismiss the appeal because the Clerk of the District Court of Hawaii transmitted the appeal to the Ninth Circuit in error. One of the fundamental principles of international law is the sovereignty, which is supreme authority, and territorial integrity of an independent State. If youre making a guess based on little or no evidence, the word to use is assume.. In adenial letterto a title insurance claimant, Michael J. Moss, Senior Claims Counsel forChicago Title Insurance Company, specifically referenced theLorenzodoctrine applied in two State of Hawaii court cases and one federal court case as a basis to decline the insurance claim under an owners title insurance policy in the amount of $178,000.00. 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. Kamehameha IV was the biological son of Mataio Kekuanaoa and Knau, who was the half-sister to Kamehameha III. Despite the American annexation of the Hawaiian Islands and the Russian annexation of the four Ukrainian regions, they remain illegal under international law. The Hawaiian Kingdoms first elected King died a year later without a named successor, and the Legislature was again convened by Lunalilos Cabinet Council and elected David Kalkaua as King on February 12, 1874. In both Orders, Judge Kobayashi, by a general verdict, denies the existence of the Hawaiian Kingdom as a sovereign and independent State. This is also a difficult task for Judge Kobayashi because the Permanent Court of Arbitration, in Larsen v. Hawaiian Kingdom, previously acknowledged the continued existence of the Hawaiian Kingdom as a State as shown in its case repository. In that case, the Intermediate Court of Appeals (Lorenzo Court) stated: Lorenzo appeals, arguing that the lower court erred in denying his pretrial motion (Motion) to dismiss the indictment. She stated, Although Plaintiff argues there are manifest errors of law in the 6/9/22 Order, Plaintiff merely disagrees with the Courts decision. Another problem that both the Federal and the State of Hawaii Defendants have is the Lorenzo principle that binds all State of Hawaii courts and the federal court in Honolulu. Classes are now being taught here and abroad on the continued existence of the Hawaiian Kingdom and its prolonged occupation by the United States. According to Judge James Crawford from the International Court of Justice, there is a presumption that the State continues to exist, with its rights and obligations despite a period in which there is no effective government. He 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. Paragraph 6-1 of the United States Army Field Manual 6-27, also states: Military occupation of [another States] territory establishes a special relationship between the government of the Occupying Power, the occupied government, and the civilian population of the territory occupied. 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. 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. Why does Hawaii have a British flag? Supports the Hawaiian Council of Regency, which represented the Hawaiian Kingdom in its efforts to seek resolution in accordance with international law as well as its strategy to have the State of Hawaii and its counties comply with international humanitarian law for the administration of the occupying state. 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. The Court can learn from the Hawaiian Kingdom Supreme Court, in Shillaber v. Waldo et al., 1 Haw. On April 10, 1877, Leleihoku died. Main issues Overthrow of the Hawaiian Kingdom Opposition to the overthrow Legal status of Hawaii The upshot: Ethnic native Hawaiians are the only "legitimate" inhabitants of Hawaii, and so should be given more privilege in public discourse. According to Burkes Law of Title Insurance, title insurance is an agreement to indemnify the insured for losses incurred by either on-record and off-record defects that are found in the title or interest in an insured property to have existed on the date on which the policy is issued. And Blacks Law Dictionary defines title insurance as a policy issued by a title company after searching the titleand insuring the accuracy of its search against claims of title defects. As the Florida Court of Appeals, in McDaniel v. Lawyers Title Guar. This Court is also bound to transform itself into an Article II Court because it is situated within the territory of the Hawaiian Kingdom and not within the territory of the United States pursuant to the Lorenzo doctrine. In its Motion, the Hawaiian Kingdom concluded with: Without citing any rebuttable evidence to the presumption of continuity of the Hawaiian State, the Court relied on Fonoti. If the U.S. District Court of Hawaii did not have jurisdiction or authority to rule in the case, the Ninth Circuit, as an appeals court, wouldnt have authority as well. These defects in title are covered risks in the owners and lenders title insurance policies as: Heres an example of a bona fide Royal Patent issued on October 26, 1852. Fund, stated, One of the reasonable expectations of a policyholder who purchases title insurance is to be protected against defects in his title which appear of record., Title insurance is a one-time paid premium agreement under both an owners policy, that protects the interests of the owner of the property, and a lenders policy, that protects the lenders interestthe debt owedin the mortgaged lien on the property. Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial forceconfined in its operation to the territory of the State by whose legislature enacted it. Professor Willoughby also stated, The incorporation of one sovereign State, such as was Hawaii prior to annexation, in the territory of another, isessentially a matter falling within the domain of international relations, and, therefore, beyond the reach of legislative acts.. AH - 125, Shanthi Colony, Anna Nagar, Chennai- 600101 Tamilnadu Tel: 91 44 26543603 Fax: 91 44 26543604 Cable : MARINE AUTHORITY E. com, Website: www. Item Weight 23.7 Pounds. It is recommended that both letters be sent certified mail through the United States Postal Service. In State of Hawaii v. Lorenzo, the appellate court explained its use of the word presently, because it was incumbent on Defendant to present evidence supporting his claim, and that 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., In other words, the reason why the Lorenzo Court used presently was because Lorenzo did not present evidence supporting his claim. The Lorenzo court did not foreclose the question but rather provided, what it saw at the time, instruction for the Court to arrive at the conclusion that the Hawaiian Kingdom continues to exist as a State based on evidence provided to the Court. In its decision, the ICA cited a 1991 appeals case that was heard by the United States Court of Appeals for the Second Circuit, Klinghoffer v. S.N.C. There is no doubt that there are descendants of Kamehameha I from his 17 wives, other than Kepolani. Conversely, if the Hawaiian Kingdom continues to exist as a State, the Court will then transform itself into an Article II Court.. It is not an international treaty. 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. What occurred is akin to legal representation or agency of necessity. Direct descendants of these genealogies comprise the Nobility class of the Hawaiian Kingdom and would be qualified to be elected by the Legislative Assembly after the Nobles determine that the candidate has not been convicted of any infamous crime, or who is insane, or an idiot.. The Succession shall be to the senior male child, and to the heirs of his body; failing a male child, the succession shall be to the senior female child, and the heirs of her body. The President cannot act as a judge and a judge cannot act as a President who is in charge of foreign relations. According to the Lorenzo Court it based its denial of the motion to dismiss because it was incumbent on Defendant to present evidence supporting his claim. This is precisely what Judge Kobayashi stated in her Order denying the request for reconsideration. It is not in general supposed to have any authority beyond that of a mere temporary nature resulting from some great necessity, and its authority is limited to the necessity. The successor shall be the person whom the King and the House of Nobles shall appoint and publicly proclaim as such, during the Kings life; but should there be no such appointment and proclamation, then the successor shall be chosen by the House of Nobles and the House of Representatives in joint ballot. In 1794, after voluntarily ceding the island Kingdom of Hawaii to Great Britain, Kamehameha and his chiefs considered themselves British subjects and recognized King George III as emperor. Article II Occupation Courts, on the other hand, administer the laws of the occupied State and the international law of occupation. 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. It is suggested that you carefully read over your title insurance policy before you send your claim to the insurance company by certified mail. Comments Posts . The Lorenzo principle stems from the Hawaii Intermediate Court of Appeals (ICA) case State of Hawaii v. Lorenzo that centered on the subject of whether the Hawaiian Kingdom as a State still exists. Successors to King Kamehameha III were not established through extra-legal changes, but rather under the constitution and laws of the Hawaiian Kingdom. In the 1848 Peace Treaty of Guadalupe Hidalgo that ended the war, the new border between the two Republics began from the Gulf of Mexico along the Rio Grande river, which is the southern border of the State of Texas, then by a surveyed boundary line that runs along the southern borders of what are now States of New Mexico, Arizona and California. In the case of Ukraine, everyone in the world already knows that Ukraine is a State under international law. 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. During the Second World War, like other governments formed during foreign occupations of their territory, the Hawaiian government did not receive its mandate from the Hawaiian legislature, but rather by virtue of Hawaiian constitutional law as it applies to the Cabinet Council, which is comprised of the constitutional offices of the Minister of Interior, Minister of Foreign Affairs, Minister of Finance and the Attorney General. The international laws of occupation allows the Occupying Power, in this case the United States, to establish an Article II Occupation Court in the Hawaiian Kingdoms territory as the occupying State to administer the laws of the occupied State and the international laws of occupation. There exists no such treaty! In an attempt to have the federal court set aside the defaults, the State of Hawaii Attorney Generals office, on behalf of the State of Hawaii, Governor Ige, Securities Commissioner Nohara and the Director of Taxation Choy, filed a motion to set aside defaults on August 12, 2022. In its Motion for Reconsideration, the Hawaiian Kingdom was addressing Judge Kobayashis terse statement in two previous Orders that there is no factual (or legal basis) for concluding that the [Hawaiian] Kingdom exists as a state in accordance with recognized attributes of a states sovereign nature. This statement runs counter to international law where an international rule exists regarding the continued existence of the Hawaiian Kingdom as a State despite the United States admitted illegal overthrow of its government on January 17, 1893. The Princess was never married. And Professor Schwarzenberger explains that recognition estops the State which has recognized the title from contesting its validity at any future time.. It is not an international treaty. The application of the Lorenzo principle, as the common law of the State of Hawaii, should not be deemed by the Court to be incompatible with federal interests because it does not promote the interest of the United States. It is quite clear that the PLO meets none of those requirements. Just as a defendant does not have the burden to prove his/her innocence but rather the prosecution has the burden to prove with evidence the guilt of the defendant, the Hawaiian Kingdom does not have the burden to prove its continued existence but rather the opposing party has the burden to prove with evidence that the United States extinguished the Hawaiian Kingdom as a State under international law. As a United States District Court Judge, by not providing any evidence in these proceedings that the Hawaiian Kingdom was extinguished, she simultaneously acknowledged its continued existence. The Court admits that it could transform itself into an Article II Court but for concluding that the [Hawaiian] Kingdom does not exist as a State it could not. District Court Judge Leslie Kobayashi did not terminate the proceedings in Hawaiian Kingdom v. Biden. On November 30, 1863, Kamehameha IV died unexpectedly, and left the Kingdom without a successor. But they cannot prevail by having the Court muzzle the Plaintiff in its own case seeking justice under the rule of law.. While the appellate court affirmed the trial courts judgment, it admitted the courts rationale is open to question in light of international law. By not applying international law, the court concluded that the trial courts decision was correct because Lorenzo presented no factual (or legal) basis for concluding that the Kingdom [continues to exist] as a state in accordance with recognized attributes of a states sovereign nature.. In 1795, Kamehameha conquered the Maui Kingdom, and in 1810 the Kauai Kingdom became a vassal under Kamehameha through voluntary cession by its King, Kaumualii. Dr. Sai stated to the Human Rights Council, in Geneva, Switzerland: The International Association of Democratic Lawyers and the American Association of Jurists call the attention of the Council to human rights violations in the Hawaiian Islands. The Court has willfully avoided the Lorenzo doctrine that calls for evidence that the Hawaiian Kingdom does not exist as a state in accordance with recognized attributes of a states sovereign nature. The Lorenzo doctrine does not seek to determine whether the government of the Hawaiian State exists. By Scott Crawford, Hana, Maui . Although the courts rationale is open to question in light of international law, the record indicates that the decision was correct because Lorenzo did not meet his burden of proving his lack of jurisdiction. Here, the ICA would appear to have conflated the Hawaiian State with the government of the Hawaiian Kingdom when it stated, the 1893 overthrow of the Kingdom was illegal.. Then Boki declared to him the reason of our sailing to Great Britain We have come to confirm the words which Kamehameha I gave in charge to Vancouver thusGo back and tell King George to watch over me and my whole Kingdom. 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 no effective government. He 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. 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