8 0 obj endobj International law’s perspective on national law National law in international treaties/custom VCLT ICJ Cases: • Case concerning the land and maritime boundary between Cameroon and Nigeria, 2002 • LaGrand (Germany v US), 2001 and Avena and Other Mexican Nationals (Mexico v US), 2004: Rec. 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$�tJdA�B��wl�mh�Kd��l� �-��Sh����l��s�˙>���7��t��u�y���j�e�UՀ�m�;�064P*z�r���"�!�oR�.�� ^#�,\��d�E|͆�$; Rec. 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. 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.. It seems like an expensive work shop paid for with Trust money. <> <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> endobj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 19 0 R/Group<>/Tabs/S/StructParents 2>> endobj Obviously they haven’t figured it out since Rice vs. Cayetano. International law differs from national law in its aims, subjects, boundaries and deliberative bodies. He stated, “Whenever it becomes necessary to enter into any sort of compact or agreement with a foreign power, we cannot proceed by legislation to make that contract [31 Cong. The document would be in front of a new body consisting of different individuals that had no in put into this document at all. They can have no force to control the sovereignty or rights of any other nation within its own jurisdiction.” In other words, Congressional legislation has no effect beyond the territorial borders of the United States, but when the United States operates in a foreign State it is bound by international laws. <>>> <> There is therefore, no treaty [31 Cong. But the United States may do so under the treaty making power [31 Cong. 6339 (June 25, 1898)].”, In a speech in the Senate where the Senators knew that the 1897 treaty was not ratified, Senator Stephen White stated, “Will anyone speak to me of a ‘treaty’ when we are confronted with a mere proposition negotiated between the plenipotentiaries of two countries and ungratified by a tribunal—this Senate—whose concurrence is necessary? International law promotes the welfare of the entire international community, and has to respect the sovereignty of states. Whereas national law is derived from state political bodies like parliaments and congresses, international law comes from international agreements. I remember posting a comment months ago that Nai’ aupuni would not survive a U.S. 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. ��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���?

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