Ending the Occupation:Hawai‘i and the Baltic States

Ending the Occupation:Ending the Occupation:Hawai‘i and the Baltic StatesHawai‘i and the Baltic States

Ending the Occupation:Ending the Occupation:Hawai‘i and the Baltic StatesHawai‘i and the Baltic States

KKūhiō Vogeler, Ph.D.ūhiō Vogeler, Ph.D.Political SciencePolitical Science

Theory in Theory in International RelationsInternational Relations

Theory in Theory in International RelationsInternational Relations

““A theory sets forth a systematic view of phenomena by A theory sets forth a systematic view of phenomena by presenting a series of propositions or hypotheses that specify presenting a series of propositions or hypotheses that specify relations among variables in order to present explanations and relations among variables in order to present explanations and make predictions about the phenomenonmake predictions about the phenomenon.”.”

(Emphasis added.)(Emphasis added.)

Contending Theories of International Relations,Contending Theories of International Relations,Dougherty & Pfaltzgraff, p. 23Dougherty & Pfaltzgraff, p. 23

Historical InstitutionalismHistorical InstitutionalismHistorical InstitutionalismHistorical Institutionalism

““The basic, and deceptively simple, idea [of historical The basic, and deceptively simple, idea [of historical institutionalism] is that the policy choices made when an institutionalism] is that the policy choices made when an institution is being formed, or when a policy is initiated, will institution is being formed, or when a policy is initiated, will have continuing and largely determinate influence over the have continuing and largely determinate influence over the policy far into the future.”policy far into the future.”

Institutional Theory in Political ScienceInstitutional Theory in Political Science , Second Edition, , Second Edition, Guy Peters, 2005, p. 71.Guy Peters, 2005, p. 71.

““The basic, and deceptively simple, idea [of historical The basic, and deceptively simple, idea [of historical institutionalism] is that the policy choices made when an institutionalism] is that the policy choices made when an institution is being formed, or when a policy is initiated, will institution is being formed, or when a policy is initiated, will have continuing and largely determinate influence over the have continuing and largely determinate influence over the policy far into the future.”policy far into the future.”

Institutional Theory in Political ScienceInstitutional Theory in Political Science , Second Edition, , Second Edition, Guy Peters, 2005, p. 71.Guy Peters, 2005, p. 71.

““Path Dependency” Path Dependency” & “Critical Junctures”& “Critical Junctures”

““Path Dependency” Path Dependency” & “Critical Junctures”& “Critical Junctures”

Path DependencyPath Dependency

•““When a government programme or organization embarks upon a path there is When a government programme or organization embarks upon a path there is an inertial tendency for those initial policy choices to persist. That path may be an inertial tendency for those initial policy choices to persist. That path may be altered, but it requires a good deal of political pressure to produce that change.”altered, but it requires a good deal of political pressure to produce that change.”

Institutional TheoryInstitutional Theory, Peters, p. 71., Peters, p. 71.

Critical JuncturesCritical Junctures

• ““[W]hen major institutional (evolutionary) change does occur, then, after the [W]hen major institutional (evolutionary) change does occur, then, after the fact, it can be argued that there was a sufficient force available to produce a fact, it can be argued that there was a sufficient force available to produce a movement away from equilibrium and inertia affecting an institution. How do we movement away from equilibrium and inertia affecting an institution. How do we know? The change did occur, did it not, so there must have been sufficient know? The change did occur, did it not, so there must have been sufficient pressure to generate the observed shift.”pressure to generate the observed shift.”

Institutional TheoryInstitutional Theory, Peters, p. 71., Peters, p. 71.

Sovereignty DefinedSovereignty DefinedSovereignty DefinedSovereignty Defined

• ““The supreme, absolute, and uncontrollable power by The supreme, absolute, and uncontrollable power by which an independent state is governed.” which an independent state is governed.”

Black’s Law Dictionary, 4th edBlack’s Law Dictionary, 4th ed., p. 1568.., p. 1568.

• Sovereignty cannot be overthrown.Sovereignty cannot be overthrown.

• ““The supreme, absolute, and uncontrollable power by The supreme, absolute, and uncontrollable power by which an independent state is governed.” which an independent state is governed.”

Black’s Law Dictionary, 4th edBlack’s Law Dictionary, 4th ed., p. 1568.., p. 1568.

• Sovereignty cannot be overthrown.Sovereignty cannot be overthrown.

Attributes of Sovereignty in Attributes of Sovereignty in Public International LawPublic International Law

Attributes of Sovereignty in Attributes of Sovereignty in Public International LawPublic International Law

•““To qualify as a state under international law, an entity To qualify as a state under international law, an entity must have a territory, a population, a government and the must have a territory, a population, a government and the capacity to engage in diplomatic or foreign relations.”capacity to engage in diplomatic or foreign relations.”

•““States in federal unions, provinces or cantons usually States in federal unions, provinces or cantons usually lack the last attribute, which is a vital element of lack the last attribute, which is a vital element of sovereignty.”sovereignty.”

See generally See generally 1 1 Oppenheim’s International Oppenheim’s International Law Law 121-23 (R. Jennings & A. Watts, eds 1992).121-23 (R. Jennings & A. Watts, eds 1992).

Thomas Buergenthal & Sean D. Murphy, Thomas Buergenthal & Sean D. Murphy, Public International Law, in a Nutshell, Third Edition, Public International Law, in a Nutshell, Third Edition, p. 2.p. 2.

•““To qualify as a state under international law, an entity To qualify as a state under international law, an entity must have a territory, a population, a government and the must have a territory, a population, a government and the capacity to engage in diplomatic or foreign relations.”capacity to engage in diplomatic or foreign relations.”

•““States in federal unions, provinces or cantons usually States in federal unions, provinces or cantons usually lack the last attribute, which is a vital element of lack the last attribute, which is a vital element of sovereignty.”sovereignty.”

See generally See generally 1 1 Oppenheim’s International Oppenheim’s International Law Law 121-23 (R. Jennings & A. Watts, eds 1992).121-23 (R. Jennings & A. Watts, eds 1992).

Thomas Buergenthal & Sean D. Murphy, Thomas Buergenthal & Sean D. Murphy, Public International Law, in a Nutshell, Third Edition, Public International Law, in a Nutshell, Third Edition, p. 2.p. 2.

Government DefinedGovernment DefinedGovernment DefinedGovernment Defined

““The machinery (agent) by which the sovereign power in a The machinery (agent) by which the sovereign power in a state expresses its will and exercises its functions.” state expresses its will and exercises its functions.”

Black’s Law Dictionary, 4th ed.,Black’s Law Dictionary, 4th ed., p. 824. p. 824.

As the “agent” that exercises the sovereignty, governments As the “agent” that exercises the sovereignty, governments can be overthrown.can be overthrown.

““The machinery (agent) by which the sovereign power in a The machinery (agent) by which the sovereign power in a state expresses its will and exercises its functions.” state expresses its will and exercises its functions.”

Black’s Law Dictionary, 4th ed.,Black’s Law Dictionary, 4th ed., p. 824. p. 824.

As the “agent” that exercises the sovereignty, governments As the “agent” that exercises the sovereignty, governments can be overthrown.can be overthrown.

Merger of SovereigntyMerger of SovereigntyMerger of SovereigntyMerger of Sovereignty

Merging of one sovereign State with another sovereign State by Merging of one sovereign State with another sovereign State by agreementagreementMerging of one sovereign State with another sovereign State by Merging of one sovereign State with another sovereign State by agreementagreement

Sovereignty SovereigntyGov. Gov.

Treaty of CessionTreaty of Cession

Treaty of ConquestTreaty of Conquest

Examples of Merger: USExamples of Merger: USExamples of Merger: USExamples of Merger: US

1846 BritishTreaty

1803 FrenchTreaty

1819 Spanish Treaty1848 Mexican Treaty

Examples of Merger: USSRExamples of Merger: USSRExamples of Merger: USSRExamples of Merger: USSR

1922 Treaty Forming USSR1922 Treaty Forming USSR

1925 Uzbek 1925 Uzbek TreatyTreaty

1944 Tuva 1944 Tuva TreatyTreaty

No TreatyNo Treaty

Prolonged Occupations in this StudyProlonged Occupations in this Study

• An occupation is “effective control of a power (be it one or more states An occupation is “effective control of a power (be it one or more states or an international organization, such as the United Nations) over a or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the violation territory to which that power has no sovereign title, without the violation of the sovereign territory.”of the sovereign territory.”

The International Law of OccupationThe International Law of Occupation , Eyal Benvenisti, p. 4., Eyal Benvenisti, p. 4.

• A prolonged occupation includes A prolonged occupation includes allall of the territory of the occupied of the territory of the occupied

State.State.

• A prolonged occupation has a duration A prolonged occupation has a duration greater than 25 years.greater than 25 years.

• An occupation is “effective control of a power (be it one or more states An occupation is “effective control of a power (be it one or more states or an international organization, such as the United Nations) over a or an international organization, such as the United Nations) over a territory to which that power has no sovereign title, without the violation territory to which that power has no sovereign title, without the violation of the sovereign territory.”of the sovereign territory.”

The International Law of OccupationThe International Law of Occupation , Eyal Benvenisti, p. 4., Eyal Benvenisti, p. 4.

• A prolonged occupation includes A prolonged occupation includes allall of the territory of the occupied of the territory of the occupied

State.State.

• A prolonged occupation has a duration A prolonged occupation has a duration greater than 25 years.greater than 25 years.

U.S. Field Manual 27-10U.S. Field Manual 27-10and the Laws of Occupationand the Laws of Occupation

U.S. Field Manual 27-10U.S. Field Manual 27-10and the Laws of Occupationand the Laws of Occupation

358. Occupation Does Not Transfer Sovereignty358. Occupation Does Not Transfer SovereigntyBeing an incident of war, military occupation confers Being an incident of war, military occupation confers upon the invading force the means of exercising upon the invading force the means of exercising control for the period of occupation. control for the period of occupation. It does not It does not transfer the sovereignty to the occupant,transfer the sovereignty to the occupant, but simply but simply the authority or power to exercise some of the rights the authority or power to exercise some of the rights of sovereignty…. (See Geneva Conventionof sovereignty…. (See Geneva Convention, art. 47;, art. 47; paragraph 365 herein.)paragraph 365 herein.) [[Emphasis Added.Emphasis Added.]]

U.S. Field Manual 27-10,U.S. Field Manual 27-10,Chapter 6, “Occupation,”Chapter 6, “Occupation,”

Article 358Article 358

Prolonged Occupations & Historical InstitutionalismProlonged Occupations & Historical Institutionalism

Path Dependency of Path Dependency of OccupationOccupation

Critical JunctureCritical Juncture

End of OccupationEnd of OccupationContinuity of State Continuity of State Sovereignty under Sovereignty under

OccupationOccupation

Recognition Recognition of of

SovereigntySovereignty

Occupation Occupation BeginsBegins

Historical Institutionalism: Historical Institutionalism: The Baltic States and Hawai‘iThe Baltic States and Hawai‘iHistorical Institutionalism: Historical Institutionalism:

The Baltic States and Hawai‘iThe Baltic States and Hawai‘i

•Because the Baltic States have been able to end their Because the Baltic States have been able to end their prolonged occupations (prolonged occupations (developmental pathwaydevelopmental pathway) ) and restore their independent governments, a tipping and restore their independent governments, a tipping point (point (critical juncturecritical juncture) must exist.) must exist.

•By defining the factors that led to the tipping point, By defining the factors that led to the tipping point, this information may offer insight into what is this information may offer insight into what is possible for Hawai‘i.possible for Hawai‘i.

•Because the Baltic States have been able to end their Because the Baltic States have been able to end their prolonged occupations (prolonged occupations (developmental pathwaydevelopmental pathway) ) and restore their independent governments, a tipping and restore their independent governments, a tipping point (point (critical juncturecritical juncture) must exist.) must exist.

•By defining the factors that led to the tipping point, By defining the factors that led to the tipping point, this information may offer insight into what is this information may offer insight into what is possible for Hawai‘i.possible for Hawai‘i.

Three Features of Three Features of Prolonged OccupationsProlonged Occupations

Three Features of Three Features of Prolonged OccupationsProlonged Occupations

1)1) Recognition of Sovereignty.Recognition of Sovereignty.

2)2) Occupation Begins.Occupation Begins.

3)3) Ending the Occupation.Ending the Occupation.

1)1) Recognition of Sovereignty.Recognition of Sovereignty.

2)2) Occupation Begins.Occupation Begins.

3)3) Ending the Occupation.Ending the Occupation.

1) Recognition of Sovereignty.1) Recognition of Sovereignty.1) Recognition of Sovereignty.1) Recognition of Sovereignty.

The Baltic States: The Baltic States: Estonia, Latvia & Estonia, Latvia &

LithuaniaLithuania

Sovereignty of the Baltic StatesSovereignty of the Baltic States Sovereignty of the Baltic StatesSovereignty of the Baltic States

1918 1918 Estonia, Latvia and Estonia, Latvia and Lithuania proclaim Lithuania proclaim independence.independence.

19201920 Baltic States sign peace Baltic States sign peace treaties with Soviet Russia, in treaties with Soviet Russia, in which Moscow recognizes which Moscow recognizes their independence.their independence.

1921 1921 Latvia, Lithuania and Latvia, Lithuania and Estonia admitted to League of Estonia admitted to League of Nations.Nations.

1) Recognition of Sovereignty.1) Recognition of Sovereignty.1) Recognition of Sovereignty.1) Recognition of Sovereignty.

Hawai‘iHawai‘i

Sovereignty of Hawai‘iSovereignty of Hawai‘iSovereignty of Hawai‘iSovereignty of Hawai‘i

Nov. 28, 1843Nov. 28, 1843 Britain & France, in Britain & France, in the Anglo-Franco Declaration, the Anglo-Franco Declaration, recognize the Hawaiian Islands “as recognize the Hawaiian Islands “as an Independent State, and never to an Independent State, and never to take possession, neither directly or take possession, neither directly or under the title of Protectorate, or under the title of Protectorate, or under any other form, of any part of under any other form, of any part of the territory of which they are the territory of which they are composed.”composed.”

Hawai‘i and the United StatesHawai‘i and the United StatesHawai‘i and the United StatesHawai‘i and the United States

The Hawaiian Kingdom signs five treaties The Hawaiian Kingdom signs five treaties with the United States:with the United States:

•Hawaiian-American Treaty of Friendship, Hawaiian-American Treaty of Friendship, Commerce And Navigation, 1849Commerce And Navigation, 1849

•Hawaiian-American Postal Convention, Hawaiian-American Postal Convention, 18701870

•Hawaiian-American Treaty of Commercial Hawaiian-American Treaty of Commercial Reciprocity, 1875Reciprocity, 1875

•Hawaiian-American Postal Convention Hawaiian-American Postal Convention Concerning Money Orders, 1883Concerning Money Orders, 1883

•Supplementary Convention to the 1875 Supplementary Convention to the 1875 Commercial Reciprocity Treaty, 1884Commercial Reciprocity Treaty, 1884

Hawaiian Diplomatic RelationsHawaiian Diplomatic RelationsHawaiian Diplomatic RelationsHawaiian Diplomatic Relations

•By 1893 By 1893 Hawai‘i manned over 90 Embassies Hawai‘i manned over 90 Embassies and Consulates throughout the worldand Consulates throughout the world

–Hawaiian Embassy in Washington, D.C., and Hawaiian Embassy in Washington, D.C., and Consul-Generals in the cities of New York and Consul-Generals in the cities of New York and San FranciscoSan Francisco

•Since January 1, 1881, Hawai‘i also became a Since January 1, 1881, Hawai‘i also became a member of the Universal Postal Unionmember of the Universal Postal Union

2) Occupation Begins.2) Occupation Begins.2) Occupation Begins.2) Occupation Begins.


LithuaniaLithuania

Article I. In the event of a territorial and political Article I. In the event of a territorial and political rearrangement in rearrangement in the areas belonging to the Baltic the areas belonging to the Baltic States (Finland, Estonia, Latvia, Lithuania)States (Finland, Estonia, Latvia, Lithuania), the , the northern boundary of Lithuania shall represent the northern boundary of Lithuania shall represent the boundary of the spheres of influence of Germany and boundary of the spheres of influence of Germany and U.S.S.R. U.S.S.R. [Emphasis added.][Emphasis added.]

Article IV. This protocol shall be treated by both parties Article IV. This protocol shall be treated by both parties as strictly secret.as strictly secret. August 23, 1939August 23, 1939.

----

The Secret Supplementary Protocol signed on August, The Secret Supplementary Protocol signed on August, 23, 1939, shall be amended in 1 item to the effect that 23, 1939, shall be amended in 1 item to the effect that the territory of the Lithuanian state falls under the the territory of the Lithuanian state falls under the influence of the USSR…influence of the USSR… Sept. 28, 1939Sept. 28, 1939

Secret Protocols of Secret Protocols of Molotov-Rippentrop PactMolotov-Rippentrop Pact

Adolf HitlerAdolf Hitler

Joseph StalinJoseph Stalin

Aftermath of World War IIAftermath of World War IIAftermath of World War IIAftermath of World War II

Soviet Troops Soviet Troops Marching Through Marching Through Latvia: 10/13/1944.Latvia: 10/13/1944.

1940-19411940-1941 Soviets Occupy Soviets Occupy Baltic States; Then Germany Baltic States; Then Germany forces Soviets to retreat.forces Soviets to retreat.

1944-19451944-1945 Following World Following World War II, Soviets begin War II, Soviets begin prolonged occupation of prolonged occupation of Latvia, Lithuania and Estonia.Latvia, Lithuania and Estonia.

1944-19541944-1954 Partisan war against Partisan war against Soviet rule by ‘Forest Soviet rule by ‘Forest Brothers.’ Tens of thousands Brothers.’ Tens of thousands are killed on both sides.are killed on both sides.

1941-19491941-1949 Mass Deportations. Mass Deportations.

Gunārs Stefans Gunārs Stefans former former

Forest BrotherForest Brother

2) Occupation Begins.2) Occupation Begins.2) Occupation Begins.2) Occupation Begins.

Hawai‘iHawai‘i

1893 United States Intervention1893 United States Intervention1893 United States Intervention1893 United States Intervention

On January 16, On January 16, 1893, the U.S. 1893, the U.S. military illegally military illegally ““intervenedintervened” in the ” in the internal affairs of internal affairs of the Hawaiian the Hawaiian Kingdom in an Kingdom in an attempt to annex attempt to annex the Hawaiian the Hawaiian IslandsIslands

Investigation and PetitionsInvestigation and Petitions

On March 11, 1893, U.S. On March 11, 1893, U.S. President Grover Cleveland President Grover Cleveland investigated the overthrow investigated the overthrow of Queen Lili’uokalani’s of Queen Lili’uokalani’s government and concluded government and concluded the overthrow was illegal the overthrow was illegal under international law.under international law.

Amidst political unrest, in Amidst political unrest, in 1897 anti-annexation 1897 anti-annexation petitions and Queen petitions and Queen Lili‘uokalni’s protests help Lili‘uokalni’s protests help to defeat Treaty of to defeat Treaty of Annexation in the US Annexation in the US Senate.Senate.

April 21, 1898, April 21, 1898, the United States the United States of America of America declares war declares war against the against the Kingdom of Kingdom of Spain and fights Spain and fights the Spanish in the Spanish in Caribbean and Caribbean and the Pacific the Pacific Ocean.Ocean.

The Battle of Manila Bay, May 1, 1898The Battle of Manila Bay, May 1, 1898

1898 Spanish-American War1898 Spanish-American War1898 Spanish-American War1898 Spanish-American War

Congress to Unilaterally Annex Hawai‘iCongress to Unilaterally Annex Hawai‘iCongress to Unilaterally Annex Hawai‘iCongress to Unilaterally Annex Hawai‘i

May 1, 1898, May 1, 1898, Representative Representative Francis Newlands Francis Newlands from Nevada, from Nevada, through the House through the House Committee on Committee on Foreign Affairs, Foreign Affairs, submits a joint submits a joint resolution to resolution to “unilaterally” annex “unilaterally” annex the Hawaiian the Hawaiian Islands.Islands.

Hawai’iPhilippines

Guam

Hawai‘i Occupied during Hawai‘i Occupied during Spanish-American WarSpanish-American War

In order to secure the In order to secure the islands as a U.S. islands as a U.S. military outpost, military outpost, President McKinley President McKinley signs Newlands signs Newlands Resolution of Resolution of annexation into U.S. annexation into U.S. Law.Law.

Camp McKinley, August 1898Camp McKinley, August 1898

Explosion of U.S. Migration between Explosion of U.S. Migration between 1900-1950 (U.S. census reports)1900-1950 (U.S. census reports)

Explosion of U.S. Migration between Explosion of U.S. Migration between 1900-1950 (U.S. census reports)1900-1950 (U.S. census reports)

Migration from U.S. territories and continent from Migration from U.S. territories and continent from 1,9281,928 in 1890 to in 1890 to 293,379293,379 in 1950 in 1950

1890……….2% (alien population)1890……….2% (alien population)

1950……….80%1950……….80%

Aboriginal Hawaiian (pure/part) from Aboriginal Hawaiian (pure/part) from 40,62240,622 in 1890 to in 1890 to 86,09186,091 in 1950 in 1950

1890……….85% (national population)1890……….85% (national population)

1950……….20%1950……….20%

A Secret DebateA Secret Debate

Until 1969, the United Until 1969, the United States conceals the States conceals the “Secret Debate on U.S. “Secret Debate on U.S. Seizure of Hawai‘i”Seizure of Hawai‘i”

In 1898 Congressional In 1898 Congressional Record Rep. Ball Record Rep. Ball describes the Newlands describes the Newlands Resolution as “a Resolution as “a deliberate attempt to do deliberate attempt to do unlawfully that which unlawfully that which cannot be lawfully cannot be lawfully done.”done.”

Misdirection of “Annexation”Misdirection of “Annexation”

Although a treaty was Although a treaty was never ratified, the statue of never ratified, the statue of President McKinley (in President McKinley (in front of McKinley High front of McKinley High School) holds a Treaty of School) holds a Treaty of Annexation.Annexation.

Every State of Hawai‘i Every State of Hawai‘i social studies textbook social studies textbook claims that Hawai‘i was claims that Hawai‘i was “annexed.”“annexed.”

Intermission!!!Intermission!!!Intermission!!!Intermission!!!

Two Minute BreakTwo Minute Break


LithuaniaLithuania

3) Ending the Occupation3) Ending the Occupation

5 Phases of Restoration in Baltic States5 Phases of Restoration in Baltic States5 Phases of Restoration in Baltic States5 Phases of Restoration in Baltic States

1.1. Consolidation of IssuesConsolidation of Issues

2.2. Creation of Mass Political GroupsCreation of Mass Political Groups

3.3. Infiltration of Political SystemInfiltration of Political System

4.4. Registration of ElectorateRegistration of Electorate

5.5. Election of “New” ParliamentElection of “New” Parliament

1. Consolidation of Issues1. Consolidation of Issues1. Consolidation of Issues1. Consolidation of Issues

A.A. Occupation IdentifiedOccupation Identified

B.B. Dissidents/ Activists Dissidents/ Activists Seek Disclosure of Seek Disclosure of OccupationOccupation

C.C. Freely Speak of Freely Speak of “Occupation”“Occupation”

D.D. Consolidation of IssuesConsolidation of IssuesLagle Parek

2. Creation of Mass Political Groups2. Creation of Mass Political Groups2. Creation of Mass Political Groups2. Creation of Mass Political Groups

E. Widespread Academic E. Widespread Academic Acceptance of Acceptance of “Oc“Occupationcupation””

F. Involvement of Political F. Involvement of Political Groups and Public Groups and Public OrganizationsOrganizations

G. Opposition MovementG. Opposition Movement

H. Mass Rallies, Concerts and H. Mass Rallies, Concerts and Calendar DemonstrationsCalendar Demonstrations

I. Traditional EmblemsI. Traditional Emblems Marju Lauristin

http://tartu.postimees.ee/foto/4/8/7348445a82efe4490b.jpg

‘‘Singing Revolution’Singing Revolution’‘‘Singing Revolution’Singing Revolution’

11 September 1988, 11 September 1988, 300,000 attend “Songs of Estonia” rally.300,000 attend “Songs of Estonia” rally.

The Baltic WayThe Baltic WayThe Baltic WayThe Baltic Way

““Baltic Way”Baltic Way”

1989, August1989, August “Baltic “Baltic Way”; Supreme Soviet Way”; Supreme Soviet accepts existence of accepts existence of “Secret Protocols.” “Secret Protocols.”

1989, November1989, November Gorbachev later Gorbachev later acknowledges “Secret acknowledges “Secret Protocols.”Protocols.”

1989, August1989, August “Baltic “Baltic Way”; Supreme Soviet Way”; Supreme Soviet accepts existence of accepts existence of “Secret Protocols.” “Secret Protocols.”

1989, November1989, November Gorbachev later Gorbachev later acknowledges “Secret acknowledges “Secret Protocols.”Protocols.”

3. Infiltration of Political System3. Infiltration of Political System3. Infiltration of Political System3. Infiltration of Political System

J. Infiltration of the J. Infiltration of the Occupant’s Political Occupant’s Political SystemSystem

K. Denunciation of K. Denunciation of Historical Documents Historical Documents and Activitiesand Activities

L. Independence L. Independence PlatformPlatform

J. Infiltration of the J. Infiltration of the Occupant’s Political Occupant’s Political SystemSystem

K. Denunciation of K. Denunciation of Historical Documents Historical Documents and Activitiesand Activities

L. Independence L. Independence PlatformPlatform President Rüütel and his Wife

4. Registration of Electorate4. Registration of Electorate4. Registration of Electorate4. Registration of Electorate

M. Identification of M. Identification of Legitimate ElectorateLegitimate Electorate

N. Registration of N. Registration of ElectorateElectorate

O. Public Acceptance of O. Public Acceptance of “Oc“Occupationcupation””

Eve Parnaste

5. Election of “New” Parliament5. Election of “New” Parliament5. Election of “New” Parliament5. Election of “New” Parliament

P. Election of P. Election of “Ne“Neww”” Parliament Parliament from Electoratefrom Electorate

Q. Name Changed of Occupant Q. Name Changed of Occupant LegislatureLegislature

R. Restoration of Country NameR. Restoration of Country Name

S. Declare Restored IndependenceS. Declare Restored Independence

T. Aspects of Pre-Occupation T. Aspects of Pre-Occupation Constitution RestoredConstitution Restored

President Vytautas Landsbergis

The Goal in the Baltic StatesThe Goal in the Baltic States

Expressing Expressing the Sovereign Right the Sovereign Right

of the Will of the of the Will of the PeoplePeople

LegitimacyLegitimacy

State ContinuityState Continuity

• KelsenKelsen, in 1945: , in 1945: “A “A state existsstate exists… … not only in space not only in space but also in time, and if we regard territory as an but also in time, and if we regard territory as an element of the State, then we have to regard the period element of the State, then we have to regard the period of its existence as an element of the State too.of its existence as an element of the State too.””

• CrawfordCrawford: : “[W“[W]e assume continuity of our States ]e assume continuity of our States even as their governments, constitutions, territories even as their governments, constitutions, territories and population change. International law is based on and population change. International law is based on this assumption.this assumption.””

• MarekMarek: : “[A“[A] State’s identity and continuity are not ] State’s identity and continuity are not effected by belligerent occupation.effected by belligerent occupation.””

Establishing ContinuityEstablishing Continuity

• CrawfordCrawford: “A State may be said to continue as such : “A State may be said to continue as such so long as an identified polity exists with respect to a so long as an identified polity exists with respect to a significant part of a given territory and people. Its significant part of a given territory and people. Its constitutional system need not be the same, as long as it constitutional system need not be the same, as long as it is independent and proclaims continuity.”is independent and proclaims continuity.”

• MarekMarek: A State continues, unless there is : A State continues, unless there is “disappearance of one of its so-called ‘elements’,— “disappearance of one of its so-called ‘elements’,— territory, population, legal order.”territory, population, legal order.”

Baltic States: Baltic States: Population & Legal OrderPopulation & Legal Order

1.1. Jus Sanguinis Jus Sanguinis (Parentage)(Parentage)

2.2. ConstitutionsConstitutions

3.3. No Major Territorial ChangesNo Major Territorial Changes

Review of the ProcessReview of the Processin the Baltic Statesin the Baltic States

5 Phases of Restoration5 Phases of Restoration





5.5. Election of “New” ParliamentElection of “New” Parliament

Legal Continuity (Part 1)Legal Continuity (Part 1)

MarekMarek: “[O]f these : “[O]f these two legal orderstwo legal orders, that of the , that of the occupied State is the regular and ‘normal’, while occupied State is the regular and ‘normal’, while that of the occupying power is exceptional and that of the occupying power is exceptional and limited. At the same time, the legal order of the limited. At the same time, the legal order of the occupant is… strictly subject to the principle of occupant is… strictly subject to the principle of effectiveness, while the legal order of the occupied effectiveness, while the legal order of the occupied State continues notwithstanding the absence of State continues notwithstanding the absence of effectiveness.”effectiveness.”


CrawfordCrawford: “Even if the total lack of : “Even if the total lack of independence of a State over a period of independence of a State over a period of time might lead to its extinction as a time might lead to its extinction as a State, that result is neither inevitable nor State, that result is neither inevitable nor automatic. A State can continue to existautomatic. A State can continue to exist even if its government is reduced to even if its government is reduced to relative impotencerelative impotence.”.”


BrownlieBrownlie: “In some cases, where : “In some cases, where the basis for continuity is tenuous, the basis for continuity is tenuous, estoppel, special agreement, and estoppel, special agreement, and the principles of validation and the principles of validation and effectiveness may provide effectiveness may provide elements of legal continuity.”elements of legal continuity.”

Sovereignty: External & InternalSovereignty: External & Internal

• External SovereigntyExternal Sovereignty

• Internal SovereigntyInternal Sovereignty

1. Dominium

2. Imperium

Dominium & ImperiumDominium & Imperium

Bluntschli distinguishes between “the Bluntschli distinguishes between “the sovereign rights of the State in its territory sovereign rights of the State in its territory (Gebietshoheit, imperium) from the property (Gebietshoheit, imperium) from the property (dominium) of the State. Property is a matter (dominium) of the State. Property is a matter of private law, even when it belongs to the of private law, even when it belongs to the State: sovereignty is essentially political, and State: sovereignty is essentially political, and can only belong to the State, or the head of the can only belong to the State, or the head of the State.State.

Diagram of Diagram of DominiumDominium & & ImperiumImperium

DominiumDominium (Ultimate Land Title) (Ultimate Land Title)

ImperiumImperium (Authority to Govern) (Authority to Govern)

““The King Never Dies”The King Never Dies”

deSmith: “Upon the death or abdication of a deSmith: “Upon the death or abdication of a monarch, the throne and the prerogatives of monarch, the throne and the prerogatives of the Crown pass at once—there is no the Crown pass at once—there is no interregnum… to the person in succession.”interregnum… to the person in succession.”

F.E. Oppenheimer: “The imperium yields to F.E. Oppenheimer: “The imperium yields to the dominium.”the dominium.”

Sovereignty under OccupationSovereignty under Occupation

Marek: “[B]elligerent occupation Marek: “[B]elligerent occupation effects no transfer of sovereignty.”effects no transfer of sovereignty.”

Vitas: “[T]he military occupation of Vitas: “[T]he military occupation of Lithuania did not confer any title of Lithuania did not confer any title of territory to the Soviet Union.”territory to the Soviet Union.”

International Law: International Law: Articles 42 & 43, 1907 Hague RegulationsArticles 42 & 43, 1907 Hague Regulations

Article 42. Territory is considered occupied when it is Article 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The actually placed under the authority of the hostile army. The occupation extends only to the territory where such occupation extends only to the territory where such authority has been established and can be exercised.authority has been established and can be exercised.

Article 43. The authority of the legitimate power having in Article 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall fact passed into the hands of the occupant, the latter shall take all measures in his power to restore, and ensure, as far take all measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the unless absolutely prevented, the laws in force in the country.country.

Lithuanian Procedures for Lithuanian Procedures for Reestablishing Legal OrderReestablishing Legal Order

6pm, 11 March 19906pm, 11 March 1990A.A. Lithuanian Soviet Socialist Republic’ declared itself the Lithuanian Soviet Socialist Republic’ declared itself the

‘Supreme Council of Lithuania’.‘Supreme Council of Lithuania’.B.B. Supreme Council changed the name of the country from Supreme Council changed the name of the country from

Lithuania SRR to the Republic of Lithuania.Lithuania SRR to the Republic of Lithuania.C.C. Declared their restored independence.Declared their restored independence.D.D. Removed the Soviet constitution and reinstalled the 1938 Removed the Soviet constitution and reinstalled the 1938

Lithuanian constitution (to emphasize never legally Lithuanian constitution (to emphasize never legally superceded).superceded).

E.E. Immediately suspended that constitution, in order to adopt Immediately suspended that constitution, in order to adopt what we termed the Temporary Basic Law.what we termed the Temporary Basic Law.

3) Ending the Occupation3) Ending the Occupation3) Ending the Occupation3) Ending the Occupation

Hawai‘iHawai‘i

Questions First!Questions First!

The Goal in Hawai‘iThe Goal in Hawai‘i

• External SovereigntyExternal Sovereignty

• Internal SovereigntyInternal Sovereignty

1. Dominium

2. Imperium

Preamble to the Preamble to the 1840 Constitution of Hawaiian Kingdom1840 Constitution of Hawaiian Kingdom

““The origin of the present government, and system of polity The origin of the present government, and system of polity

is as follows: Kamehameha I, was the founder of the is as follows: Kamehameha I, was the founder of the

kingdom, and to him belonged all the land from one end of kingdom, and to him belonged all the land from one end of

the Islands to the other, though it was not his own private the Islands to the other, though it was not his own private

property. property. It belonged to the people and the chiefs in It belonged to the people and the chiefs in

common, of whom Kamehameha I was the headcommon, of whom Kamehameha I was the head, and had , and had

the management of the landed property.”the management of the landed property.”

3 Classes of Vested Rights3 Classes of Vested Rights

1.1. The government (King [1])The government (King [1])

2. The landlord (Chiefs, 2. The landlord (Chiefs, KonohikiKonohiki [252]) [252])

3. The tenant (native tenants [Many])3. The tenant (native tenants [Many])

(Vested rights cannot “be defeated or canceled by act (Vested rights cannot “be defeated or canceled by act

of any other private person.”) Blacks Law Dictionaryof any other private person.”) Blacks Law Dictionary

The Māhele & US Occupation: The Māhele & US Occupation: Effect on Effect on DominiumDominium & & ImperiumImperium

• SaiSai: The Māhele “did not effect the vested rights of : The Māhele “did not effect the vested rights of native tenants who did not divide…”native tenants who did not divide…”

• When Queen Lili‘uokalani died on 11 November 1917 When Queen Lili‘uokalani died on 11 November 1917 without a designated heir, the office of the monarch without a designated heir, the office of the monarch became vacant.became vacant.

Diagram: Changes in Diagram: Changes in DominiumDominium & & ImperiumImperium in Hawai‘i in Hawai‘i

Three Classes of Three Classes of Vested RightsVested Rights

King

Konohiki (252)

Native TenantsAfter 1917After 1917

After 1848 MāheleAfter 1848 Māhele

In 1840In 1840

DominiumDominium & & ImperiumImperium in Hawai‘i Todayin Hawai‘i Today

• Sai in 1995: “native tenants” still “possessed an Sai in 1995: “native tenants” still “possessed an undivided vested right in the dominium” of the undivided vested right in the dominium” of the Hawaiian Islands.Hawaiian Islands.

• Every land title in Hawai‘i today possesses the Every land title in Hawai‘i today possesses the phrase, "phrase, "Subject to the Rights of Native Subject to the Rights of Native Tenants" Tenants" (koe nae ke kuleana o na kanaka).(koe nae ke kuleana o na kanaka).

Voting Laws & Hawai‘i’s Continuity Voting Laws & Hawai‘i’s Continuity

Includes:Includes:

• Jus SanguinisJus Sanguinis

• AllAll Non-Native, Hawaiian Kingdom Non-Native, Hawaiian Kingdom

SubjectsSubjects

What Phase is Hawai‘i in Today?What Phase is Hawai‘i in Today?





5.5. Election of “New” Parliament (with Election of “New” Parliament (with some old laws)some old laws)

Online Informational ResourcesOnline Informational Resources

• ““Hawaiian Kingdom”Hawaiian Kingdom”– http://hawaiiankingdom.orghttp://hawaiiankingdom.org

• ““Larsen v. Hawaiian Kingdom Arbitration”Larsen v. Hawaiian Kingdom Arbitration”– http://alohaquest.com/arbitrationhttp://alohaquest.com/arbitration

– http://pca-cpa.org/ENGLISH/RPC/#Larsenhttp://pca-cpa.org/ENGLISH/RPC/#Larsen

• ““Hawaiian Journal of Law & Politics”Hawaiian Journal of Law & Politics”– http://www2.hawaii.edu/~hslp/journalhttp://www2.hawaii.edu/~hslp/journal

Ending the Occupation:Ending the Occupation:Hawai‘i and Hawai‘i and

the Baltic Statesthe Baltic States

Ending the Occupation:Ending the Occupation:Hawai‘i and Hawai‘i and

the Baltic Statesthe Baltic States

KKūhiō Vogeler, Ph.D.ūhiō Vogeler, Ph.D.Political SciencePolitical Science

Technology

Ending the Occupation:Hawai‘i and the Baltic States