Clearly illegal. We've already seen it. The annexation was invalid. You can't get title from the Republic of Hawai'i because they never had title in the first place. They had no sovereignty. They were nothing more than a military occupation power, and a military occupation power cannot validly transfer title to land. Again, black letter international law... You can't transfer title, the occupying power can't sell land legally. I mean they can do it, but that doesn't make it lawful. It's invalid. It is illegal. So an occupying power can't sell land, they don't control title or sovereignty. They can administer, but that's all, arguably, they can do. In theory, they're obliged to leave, not to stay.
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Prof. Francis A. Boyle
Dec. 28, 1993 |