Larsen vs. Hawaiian Kingdom Arbitration
Lance Larsen vs. Hawaiian Kingdom 1999 - 2001
DVD Mini-Documentary & Booklet
For the first time in history the Hawaiian Kingdom entered into international arbitration with a Hawaiian national concerning the violation of his civil rights by United States authorities. U.S. authorities incarcerated Mr. Larsen for 30 days, 7 of which were in solitary confinement, for adhering to Hawaiian Kingdom law while resident in the Hawaiian Kingdom. Larsen, through counsel, alleged the acting Government was responsible for his incarceration. A 3-member arbitration panel comprised of Prof. James Crawford, SC, President, with associate members Prof. Christopher Greenwood, QC, and Gavan Griffith, QC, would determine if Larsen had redress against the acting Government for not protecting him. The significance of the case was that the court verified Hawai`i to be an independent and sovereign State, and that the case was a "legitimate" international dispute, despite the United States deliberate non-participation in the arbitration.
"Because international tribunals lack the power of joinder that national courts enjoy, it is possible––as a result of procedural maneuvering alone––for legitimate international legal disputes to escape just adjudication. For example, in Larsen, the United States commanded an enviable litigation posture: even though the United States admitted its illegal overthrow of the Hawaiian Kingdom, it repeatedly refused to consent to international arbitration"—American Journal of International Law, vol. 95, p. 927.
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