1 Chinese J. Int'l L. 655 (2002)
The Hawaiian Kingdom Arbitration Case and the Unsettled Question of the Hawaiian Kingdom's Claim to Continuity as an Independent State under International Law

handle is hein.journals/chnint1 and id is 679 raw text is: The Hawaiian Kingdom Arbitration Case and the
Unsettled Question of the Hawaiian Kingdom's Claim
to Continuity as an Independent State under
International Law
Patrick Dumberry*
Contents:
I.         Introduction
II.        The historical context of the case
III.       The procedural background of the case
IV.        The arbitral proceedings
V.         The Award
V.A.       The applicability of the UNCITRAL Arbitration Rules to a
non-contractual dispute
VB.        The question whether there was ajusticiable dispute between the Parties
V C.       The question whether the United States was a necessary party to the dispute
VI.        Post-Award developments
V.A.       The requestfor the establishment of a Fact-Finding Commission oflnquity
V.B.      The Complaint against the United States before the United Nations
Securiy Council
P. C.     The declaration of the Hawaiian Kigdom accepting thejurisdiction of the ICJ
VI.D.      Settlement between the parties
VII.       Analysis
VII.      Conclusion
I. Introduction
On 5 February 2001, an arbitral tribunal established under the auspices
of the Permanent Court of Arbitration (PCA) in The Hague (Netherlands) and
presided over by ProfessorJames Crawford rendered an Award in the Larsen v.
the Hawaiian Kigdom Case) The case concerns a dispute between Mr. Larsen,
Member of the Quebec Bar, Attorney at Lalive & Partners, Geneva, Switzerland;
Doctorate candidate at the Graduate Institute of International Studies in Geneva.
This article reflects facts current as of 16 September 2002.
Lance Larsen v. the Hawaiian Kingdom, PCA, The Hague, case no. 99-001. The
Award can be found at the Internet Site of the PCA: <http://www.pca-
cpa.org/RPC/>. See also in: 119 ILR (2001). Both Parties to the arbitration have
jointly set up a very useful Internet site, which contains all their submissions,
several historical and legal documents, as well as transcripts of the oral hearing

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