Closing Arguments Well Received at the Peace Palace

Press Release from The Hawaiian News
December 11, 2000

by Kai`ulani Edens, The Hague, Netherlands

Rebuttal was made today by the attorney Ninia Parks in the case of Lance Paul Larsen vs. The Hawaiian Kingdom to testimony given last week before the Permanent Court of Arbitration at the Peace Palace.

Parks summarized for the Arbitral Tribunal, who continued to express concerns on the legality of their involvement, that her client and the Hawaiian Kingdom through its Acting Council of Regency are not in dispute on the facts; as both agree that the Hawaiian Kingdom has a duty to protect Larsen as a Hawaiian National.

Arguing on the basis of International Law that the Hawaiian Kingdom is indeed still intact, Ms. Parks advised the Arbitral Tribunal that this dispute is not about whether the US is illegally occupying the Hawaiian Kingdom, but rather about defining the relationship between a Hawaiian National and his government, the Kingdom of Hawaii.

In this afternoon's session, Gary Dubin, Attorney General for the acting council of regency, for the Hawaiian Kingdom began their rebuttal, then turned the floor over to the Acting Minister of the Interior, David Keanu Sai. Sai stated for the Tribunal; "The Hawaiian Kingdom was an Independent State and must be equally respected as should the U.S., thus the paramount issue remains the statehood and continuity of the Hawaiian Kingdom."

At the close of today's session, Professor James Crawford President of the Tribunal, complimented both parties on their competency, professionalism, and clarity with which they presented their cases. Crawford also acknowledged that the issues presented have been difficult due to the fact that the classical procedures for Arbitration are evolving.

The Permanent Court of Arbitration (PCA) was born in 1899, a product of the first Hague Peace Conference, which later came the League of Nations, the United Nations, and its judicial organ, the International Court of Justice (ICJ). In 1993, the General Assembly granted the Court the status of permanent observer, enabling it to participate actively in the discussions of the Assembly's Legal Committee. Both the Permanent Court of Arbitration and the International Court of Justice are housed in the Peace Palace in The Hague, Netherlands. They are complementary institutions offering the international community a comprehensive range of options for the peaceful resolution of disputes. The PCA helps ease the workload of the ICJ and fills gaps concerning arbitrations involving private parties and international organizations.

Today's completion of rebuttals in the oral hearings leads to a ninety day period for the Arbitral Tribunal to make their written award in this historic case.

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