1. Ending the Occupation: Hawai‘i and the Baltic States K ūhiō Vogeler, Ph.D. Political Science

2. Theory in International Relations “ A theory sets forth a systematic view of phenomena by presenting a series of propositions or hypotheses that specify relations among variables in order to present explanations and make predictions about the phenomenon .” (Emphasis added.) Contending Theories of International Relations, Dougherty & Pfaltzgraff, p. 23

7. Government Defined “ The machinery (agent) by which the sovereign power in a state expresses its will and exercises its functions.” Black’s Law Dictionary, 4th ed., p. 824. As the “agent” that exercises the sovereignty, governments can be overthrown.

9. Examples of Merger: US 1846 British Treaty 1803 French Treaty 1819 Spanish Treaty 1848 Mexican Treaty

10. Examples of Merger: USSR 1922 Treaty Forming USSR 1925 Uzbek Treaty 1944 Tuva Treaty No Treaty

12. U.S. Field Manual 27-10 and the Laws of Occupation 358. Occupation Does Not Transfer Sovereignty Being an incident of war, military occupation confers upon the invading force the means of exercising control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignty…. (See Geneva Convention , art. 47; paragraph 365 herein.) [ Emphasis Added. ] U.S. Field Manual 27-10, Chapter 6, “Occupation,” Article 358

13. Prolonged Occupations & Historical Institutionalism Path Dependency of Occupation Critical Juncture End of Occupation Continuity of State Sovereignty under Occupation Recognition of Sovereignty Occupation Begins

16. 1) Recognition of Sovereignty. The Baltic States: Estonia, Latvia & Lithuania

17. Sovereignty of the Baltic States 1918 Estonia, Latvia and Lithuania proclaim independence. 1920 Baltic States sign peace treaties with Soviet Russia, in which Moscow recognizes their independence. 1921 Latvia, Lithuania and Estonia admitted to League of Nations.

18. 1) Recognition of Sovereignty. Hawai‘i

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

22. 2) Occupation Begins. The Baltic States: Estonia, Latvia & Lithuania

23. Article I. In the event of a territorial and political rearrangement in the areas belonging to the Baltic States (Finland, Estonia, Latvia, Lithuania) , the northern boundary of Lithuania shall represent the boundary of the spheres of influence of Germany and U.S.S.R. [Emphasis added.] Article IV. This protocol shall be treated by both parties as strictly secret. August 23, 1939 . ---- The Secret Supplementary Protocol signed on August, 23, 1939, shall be amended in 1 item to the effect that the territory of the Lithuanian state falls under the influence of the USSR… Sept. 28, 1939 Secret Protocols of Molotov-Rippentrop Pact Adolf Hitler Joseph Stalin

24. Aftermath of World War II Soviet Troops Marching Through Latvia: 10/13/1944. 1940-1941 Soviets Occupy Baltic States; Then Germany forces Soviets to retreat. 1944-1945 Following World War II, Soviets begin prolonged occupation of Latvia, Lithuania and Estonia. 1944-1954 Partisan war against Soviet rule by ‘Forest Brothers.’ Tens of thousands are killed on both sides. 1941-1949 Mass Deportations. Gunārs Stefans former Forest Brother

25. 2) Occupation Begins. Hawai‘i

26. 1893 United States Intervention On January 16, 1893, the U.S. military illegally “ intervened ” in the internal affairs of the Hawaiian Kingdom in an attempt to annex the Hawaiian Islands

27. Investigation and Petitions On March 11, 1893, U.S. President Grover Cleveland investigated the overthrow of Queen Lili’uokalani’s government and concluded the overthrow was illegal under international law. Amidst political unrest, in 1897 anti-annexation petitions and Queen Lili‘uokalni’s protests help to defeat Treaty of Annexation in the US Senate.

28. 1898 Spanish-American War April 21, 1898, the United States of America declares war against the Kingdom of Spain and fights the Spanish in Caribbean and the Pacific Ocean. The Battle of Manila Bay, May 1, 1898

29. Congress to Unilaterally Annex Hawai‘i May 1, 1898, Representative Francis Newlands from Nevada, through the House Committee on Foreign Affairs, submits a joint resolution to “unilaterally” annex the Hawaiian Islands. Hawai’i Philippines Guam

30. Hawai‘i Occupied during Spanish-American War In order to secure the islands as a U.S. military outpost, President McKinley signs Newlands Resolution of annexation into U.S. Law. Camp McKinley, August 1898

32. A Secret Debate Until 1969, the United States conceals the “Secret Debate on U.S. Seizure of Hawai‘i” In 1898 Congressional Record Rep. Ball describes the Newlands Resolution as “a deliberate attempt to do unlawfully that which cannot be lawfully done.”

33. Misdirection of “Annexation” Although a treaty was never ratified, the statue of President McKinley (in front of McKinley High School) holds a Treaty of Annexation. Every State of Hawai‘i social studies textbook claims that Hawai‘i was “annexed.”

34. Intermission!!! Two Minute Break

35. The Baltic States: Estonia, Latvia & Lithuania 3) Ending the Occupation

38. 2. Creation of Mass Political Groups E. Widespread Academic Acceptance of “Oc cupation ” F. Involvement of Political Groups and Public Organizations G. Opposition Movement H. Mass Rallies, Concerts and Calendar Demonstrations I. Traditional Emblems Marju Lauristin

39. ‘ Singing Revolution’ 11 September 1988, 300,000 attend “Songs of Estonia” rally.

42. 4. Registration of Electorate M. Identification of Legitimate Electorate N. Registration of Electorate O. Public Acceptance of “Oc cupation ” Eve Parnaste

43. 5. Election of “New” Parliament P. Election of “Ne w ” Parliament from Electorate Q. Name Changed of Occupant Legislature R. Restoration of Country Name S. Declare Restored Independence T. Aspects of Pre-Occupation Constitution Restored President Vytautas Landsbergis

44. The Goal in the Baltic States Expressing the Sovereign Right of the Will of the People Legitimacy

49. Legal Continuity (Part 1) Marek : “[O]f these two legal orders , that of the occupied State is the regular and ‘normal’, while that of the occupying power is exceptional and limited. At the same time, the legal order of the occupant is… strictly subject to the principle of effectiveness, while the legal order of the occupied State continues notwithstanding the absence of effectiveness.”

50. Legal Continuity (Part 2) Crawford : “Even if the total lack of independence of a State over a period of time might lead to its extinction as a State, that result is neither inevitable nor automatic. A State can continue to exist even if its government is reduced to relative impotence .”

51. Legal Continuity (Part 3) Brownlie : “In some cases, where the basis for continuity is tenuous, estoppel, special agreement, and the principles of validation and effectiveness may provide elements of legal continuity.”

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

54. Diagram of Dominium & Imperium Dominium (Ultimate Land Title) Imperium (Authority to Govern)

55. “ The King Never Dies” deSmith: “Upon the death or abdication of a monarch, the throne and the prerogatives of the Crown pass at once—there is no interregnum… to the person in succession.” F.E. Oppenheimer: “The imperium yields to the dominium.”

56. Sovereignty under Occupation Marek: “[B]elligerent occupation effects no transfer of sovereignty.” Vitas: “[T]he military occupation of Lithuania did not confer any title of territory to the Soviet Union.”

57. International Law: Articles 42 & 43, 1907 Hague Regulations Article 42. Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. Article 43. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

59. 3) Ending the Occupation Hawai‘i Questions First!

61. Preamble to the 1840 Constitution of Hawaiian Kingdom “ The origin of the present government, and system of polity is as follows: Kamehameha I, was the founder of the kingdom, and to him belonged all the land from one end of the Islands to the other, though it was not his own private property. It belonged to the people and the chiefs in common, of whom Kamehameha I was the head , and had the management of the landed property.”

64. Diagram: Changes in Dominium & Imperium in Hawai‘i Three Classes of Vested Rights King Konohiki (252) Native Tenants After 1917 After 1848 Māhele In 1840

69. Ending the Occupation: Hawai‘i and the Baltic States K ūhiō Vogeler, Ph.D. Political Science