Tribal sovereignty, Affirmative action, Reparations? No, Restitution.
The Advertiser discusses
federal recognition of Hawaiians in relation to issues of tribal sovereignty,
affirmative action, and reparations as remedies applied to other historical
injustices.
Of course many people see that the true solution lies in recognizing that when the historical injustice is the invasion and prolonged illegal occupation of a country, the appropriate remedy is the end of the occupation.
As Professor of International Law Francis A. Boyle said in 1993, "under international law when you have a violation of treaties of this magnitude, the World Court has ruled that the only appropriate remedy is restitution. Damages are not enough, reparations are not enough - that is the payment of money - or giving you an island over here and saying, 'Here, you can have that island.' No, restitution, to restore what you once had, that is the Kingdom of Hawai'i, your independent nation state, this is the appropriate remedy, if that is what you want, for what was done."
And he also said: "under international law, if you have a violation of this nature the appropriate remedy is not simply reconciliation, apology or reparations, but restitution. That is, to set right the harm that had been done. To restore the situation to what it had been before the violation in 1893. And there is a very famous case by the World Court, the Chorzow Factory case, would be the authority for this. So in other words, sure, have reconciliation. But what about restoration? That clearly is what you're entitled to."
Of course many people see that the true solution lies in recognizing that when the historical injustice is the invasion and prolonged illegal occupation of a country, the appropriate remedy is the end of the occupation.
As Professor of International Law Francis A. Boyle said in 1993, "under international law when you have a violation of treaties of this magnitude, the World Court has ruled that the only appropriate remedy is restitution. Damages are not enough, reparations are not enough - that is the payment of money - or giving you an island over here and saying, 'Here, you can have that island.' No, restitution, to restore what you once had, that is the Kingdom of Hawai'i, your independent nation state, this is the appropriate remedy, if that is what you want, for what was done."
And he also said: "under international law, if you have a violation of this nature the appropriate remedy is not simply reconciliation, apology or reparations, but restitution. That is, to set right the harm that had been done. To restore the situation to what it had been before the violation in 1893. And there is a very famous case by the World Court, the Chorzow Factory case, would be the authority for this. So in other words, sure, have reconciliation. But what about restoration? That clearly is what you're entitled to."
Posted: Sun - August 31, 2003 at 10:16 AM
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is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.
And about East Maui kalo farming and other projects. Plus popoki pics (cats).
By Scott Crawford - Hana, Maui
And about East Maui kalo farming and other projects. Plus popoki pics (cats).
By Scott Crawford - Hana, Maui
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Published On: Dec 27, 2005 10:14 PM
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Published On: Dec 27, 2005 10:14 PM