difference between national and international law

"1��� tU�|>�&g3B3Z�ɇ4���`@@���?�����͖ܲi2}G`� endobj The Supreme Court stated, “Neither the Constitution nor the laws passed in pursuance of it have any force in foreign territory unless in respect of our own citizens, and operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law.”. 19 0 obj Nevertheless, whether this action demonstrates the constitutional power of Congress to acquire territory is certainly questionable.” The Attorney General then concluded, “It is therefore unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution.”. Mahalo for your mana’o Kekoa! 13 0 obj <> The document would be in front of a new body consisting of different individuals that had no in put into this document at all. endobj When it ends you are still eligible for the benefits of that private contract because you invested into it. [��n�.\;6���KI+�]�N��e�s-8���M8+���{����XFZ>� Again, Mahalo for your mana’o, it’s always good reading your input. Legislation of every independent State, to include the United States Congress, is not a source of international law, but rather a source of national law of the State whose legislature enacted it. x��TMo1����a�v$̌��[�� The date is 2/3/16 with the speakers name “Catherine Magallanes” as the heading. 6 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 720 540] /Contents 19 0 R/Group<>/Tabs/S/StructParents 2>> endobj National laws are also recognized as the expression of the State itself, since it emanates from the local authority, which could be the law making institution, such as the United States Congress or the French Parliament. Thus, some of the objectives of international law can seem to be in conflict with the purposes of national law. UI(8)RXZBR���ޅ��g�ƞy��ف�G���׃wC����p ?�"���A&�FX�4�re��p�&��.� ���0)���s���j�q�tG*��0~����"נMx"�CMaM]�:\��-�Yq͖/���%'�p#�L�L`�A#v��m��V"�;��\k�G��L��e$�tJdA�B��wl�mh�Kd��l� �-��Sh����l��s�˙>���7��t��u�y���j�e�UՀ�m�;�064P*z�r���"�!�oR�.�� ^#�,\��d�E|͆�$; In some States, called States with a common law tradition, laws could also come from decisions made by judges, which is also called case law. It would definitely make it difficult for you to function and survive the occupation. VisitBritain/Eric Nathan/Britain on View/Getty Images. National law is concerned with running a particular country and promoting the interests of its people. Rec. Difference Between National Law and International Law International law is the law that governs relations between nations and the different nationalities of people that inhabit the different nations. The Legal Information Institute at Cornell University explains the sources of international law. I cannot wait for this occupation to start coming to end. The U.S. military will establish a military government, enforce the 1907 Hague Regulations, the 1949 IV Geneva Convention, Additional Protocol I, customary international law, and Hawaiian Kingdom law. stream endobj They have failed every time. I’ve been following the Aha on Olelo, channel 53 via Olelo on demand. endobj endstream In 1936, the United States Supreme Court explained the difference between the two laws. 7 0 obj <> <> I would like to view it without having to watch the whole show. Will 5G Impact Our Cell Phone Plans (or Our Health?! It is the same as if it would be if it were entitled ‘an act’ instead of ‘A Joint Resolution.’ That is its legal classification. Other States, called States with a civil law tradition, do not recognize judge made law, but only laws enacted by the legislature. 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. <> National law, which is often referred to as domestic law, are those laws that exist “within” a particular nation (State). <> Upon retiring they moved back to their home country and are collecting their S.S. checks. If such thing is do able, tell me how can it be done? Rec. <> 4 0 obj What is the consequences of us kanaka(s) renouncing our social security number as “american citizens”. endobj <> 259 on May 4, 1898, after the Senate could not garner enough votes to ratify a so-called treaty of annexation. Can we/I do it ? According to Article 38 of the Statute of the International Court of Justice, sources of international law, in order of precedence, are: (a) international conventions (treaties); (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; and (d) judicial decision and the teachings of the most highly qualified publicists of the various nations. stream 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.. ��U#� Aha Moderator Linda Colburn read a list of publications and articles that Magallanes has written on many subjects covering international law as well as some of her educational credentials that include, Yale Law School, 1991, Administer to the New Zealand Bar, 1989, Victoria University of Wellington, 1988. 18 0 obj Obviously they haven’t figured it out since Rice vs. Cayetano. 12 0 obj The United Nations describes international law as defining the legal responsibilities that states have one to another. Bloggers no ka oi! ), The Secret Science of Solving Crossword Puzzles, Racist Phrases to Remove From Your Mental Lexicon. As part of its decision, the Supreme Court needed to distinguish between the joint resolution, being a Congressional law, and the power of the President under international law. I don’t see the benefit in doing something like that before the occupation ends. As a result, international law is difficult to enforce. Rec. 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. "+� �r�^���X�֢�6d? 16 0 obj Mahalo ia keia hoomoakaka ana. National law is concerned with running a particular country and promoting the interests of its people. In a country, the government has the full force of a judicial system, police and military to enforce its laws. During the debate in the Senate, a list of Senators rebuked the theory that a joint resolution has the effect of annexing a foreign territory. The definition of international law centers on the word “inter,” which means “between,” as opposed to “intra,” which means “within.” So, literally, “international law” is defined as “law between nations (States),” which stem from agreements, embodied in a treaty, or customs that is recognized by all nations. It does not bring that country within our boundaries. endobj An expert speaker was brought in to help the delegates understand international law, Her name is Catherine Iorns Magallanes, Law Professor at Victoria University of Wellington in New Zealand. Fact Check: What Power Does the President Really Have Over State Governors? 10 0 obj endobj <> x��W�o�F~���a�S���)B���ԪW�:W}�����|i��wf�`p���f����ff!�_�������[¢��n�����2Ƹ, �`Dy������$�8yjl�9�:F�ƣ_�#r�yNH+ ���O�����̩��������O��Є�������U�,�����m.>�G_�b�:I�}���d��xt�� <>>> <> It puzzles me to hear someone speak to the delegates about “International Law and Native Hawaiian Self-Determination” where she’s supposed to be an expert in international Law, but she is clueless in my uneducated opinion, when she explains to the delegates, how de-occupation is not possible, because in her educated opinion in international law, Hawaii was never occupied in 1893 and has never been. endstream International law, on the other hand, promotes mutual disarmament as a way of establishing peace. How Does International Law Differ From National Law? But the United States may do so under the treaty making power [31 Cong. However, international law does not strive to benefit a single nation or group of nations. It is therefore impossible for the Government of the United States to reach across its boundary into the dominion of another government and annex that government or persons or property therein. International law promotes the welfare of the entire international community, and has to respect the sovereignty of states. It seems like an expensive work shop paid for with Trust money. Aloha kuniole, mahalo for the Olelo TV information. Mahalo Kekoa for your response, I think I kind of knew that, but needed to hear it from others that are seeing it in the same way as I do. <> Aloha kuniole, I haven’t seen the show yet but would just like to say the Aha is pro-FEDREC and would only hire a speaker that would support their position. 11 0 obj 6636 (July 4, 1898)].”, According to Westel Willoughby, a United States constitutional scholar, “The constitutionality of the annexation of Hawaii, by a simple legislative act, was strenuously contested at the time both in Congress and by the press. There are many non-U.S. citizens that worked in the U.S. and entered into that contract and paid into that system. endobj This has not been done. '���/c��� �*�5�O��s_�x>�= ��N8ӆ޳�7�F�` 3 0 obj Mahalo for elaborating much more on this subject. There are other international lawyers and professors that say Hawaii is occupied and that FEDREC is an inappropriate remedy. I just honestly cannot wait for this war to end so we can finally enjoy the freedoms and privileges Hawaii itself and its people have been deprived of for many generations. 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. Ke aloha no. There is no treaty; no one can reasonably aver that there is a treaty. endobj �F�Mwb#$�;º9|�I��S00��I�#$�?�d�L��6�$�݊S�tx�08�*�]�7!���K�H����*R�UI`r*�-���J�~� 8X!�\�Nf�)���QgK�޼j��[��R0}��5�Wi ��P���<80V�LWUyen��^E�oH�´�R�W=�ў�x��`v��+��x}�=qU7��w���3Ÿ���y�E}?ij��&�5������>. It has no other or greater force. I remember posting a comment months ago that Nai’ aupuni would not survive a U.S. The right to annex by treaty was not denied, but it was denied that this might be done by a simple legislative act…Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial force—confined in its operation to the territory of the State by whose legislature it is enacted.”, Ninety years later, in 1988, the United States Attorney General reviewed these Congressional records and in a legal opinion stated, “Notwithstanding these constitutional objections, Congress approved the joint resolution and President McKinley signed the measure in 1898.

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