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Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by hn_throwaway_99 on Wednesday October 31, 2018 @02:04PM (#18347941)
Thanks, that phrase,

> or are actually infringing on the sovereignty of the Hawaiian kingdom

made no sense to me, given that the Hawaiian Kingdom hasn't been a sovereign entity for 125 years.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by codezero on Wednesday October 31, 2018 @02:06PM (#18347958)
I think that since it didn't voluntarily surrender its sovereignty, some might feel it should still have it, but I don't know too much about the subject, so maybe it's time for me to read up a bit.
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by sosborn on Wednesday October 31, 2018 @02:14PM (#18348021)
You hit the nail on the head.

The stuff about pollution and interruption of cultural practices is more about the idea that those things are being forced upon native Hawaiians, much like annexation was.

Not all native Hawaiians feel this way about the telescopes, but the ones that do are the ones protesting.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by protomyth on Wednesday October 31, 2018 @03:21PM (#18348545)
> Not all native Hawaiians feel this way about the telescopes, but the ones that do are the ones protesting.

Plus some other tribal folks from the rest of the US showed up to protest. I'm glad this was posted, now I know what the heck they were talking about when the relatives used the phrase "going to Hawaii to protest a volcano". I was a bit confused.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by 52-6F-62 on Wednesday October 31, 2018 @03:51PM (#18348740)
I was in Kona for the Iron Man Worlds just a couple of weeks ago. We spent some time up and down the west coast there.

And for what it's worth I saw more Kingdom of Hawaii flags than any other.

On a side note I could move there tomorrow and take up surfing. So anybody willing to have a remote engineer working on Hawaii time just let me know...

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by codezero on Wednesday October 31, 2018 @11:14PM (#18351202)
Fwiw it’s probably not as beautiful but for the continental US I recommend San Diego for remote eng and surfing. There’s a bit less localism and it’s at least 70% as beautiful and probably 200% more convenient :)
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by duxup on Wednesday October 31, 2018 @02:07PM (#18347971)
Presumably this is somewhat similar to other native american tribes where there are treaties and legal structures that allow them to make their case under that name / formalized what it means today?
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by hn_throwaway_99 on Wednesday October 31, 2018 @04:43PM (#18349146)
No, not really. The entire Hawaiian archipelago was annexed as US territory. There was no comparable "nation status" as exists on native American reservations today.
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by duxup on Wednesday October 31, 2018 @11:15PM (#18351205)
I understand there are no reservations, just wondering if there is some legal status.
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by kevin_thibedeau on Wednesday October 31, 2018 @03:09PM (#18348443)
The autonomy and sovereignty of continental tribes is severely curtailed by the US claim of plenary authority over them. They are independent nations largely in name only.
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by duxup on Wednesday October 31, 2018 @03:11PM (#18348454)
I'm not sure that ... has anything to do what I said.
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by dnautics on Wednesday October 31, 2018 @05:25PM (#18349402)
> They are independent nations largely in name only.

I was under the impression that the "independent nations" concept implied independence from the states. Naturally as the power in the US has shifted away from the states towards the federal government the autonomy and sovereignty of the tribes has decreased.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by ceejayoz on Wednesday October 31, 2018 @06:14PM (#18349683)
It's a bit more than that - New York can't ban Ohioans from their territory, but Native American tribes can.

https://www.bia.gov/frequently-asked-questions

> Tribes possess all powers of self-government except those relinquished under treaty with the United States, those that Congress has expressly extinguished, and those that federal courts have ruled are subject to existing federal law or are inconsistent with overriding national policies.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by duxup on Wednesday October 31, 2018 @11:23PM (#18351230)
At least for those with actual reservations and treaties they are allowed quite a bit of self governance and such. They can make their own laws, form a government as they wish, tax, regulate, decide who is a member and such.

That has not changed at all.

It sounds strange, and it kind of is, but in reality life on a reservation in most cases is rough, few options to make a living, lots of substance abuse, tribal politics can be pretty petty and nasty. I lived near a reservation for a while and the first thing you think "oh man they have this nation inside a nation they could do a lot of things" but really life is rough there.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by komali2 on Wednesday October 31, 2018 @02:21PM (#18348092)
Well, yes, that's the issue at hand. Probably legally you're just as correct as that issue recently where a bunch of tourists were stomping all over some hills that were sacred to Australian aborigines, but according to the Australian government were legal hiking paths. The most, legally, the aborigines could do was put up a sign saying "these hills are important to us for religious, please don't walk on them."

There's a lot of issues going on right now that draw the majority of my energy (climate change, propagation of hate, etc), so unfortunately I can't bring myself to look into or exert effort into the moral debate of natives' rights, but I think it's a massive issue with huge implications and not nearly so clear-cut as some of the other ones we're dealing with (i.e., climate change is straightforward easy to argue about).

The issue, as I see it:

Take Native Americans in the USA. Outside the written-law rights they have regarding their reservations, one could argue their sovereignty was violated if, say, a plot of land bought in the 1600s (off-reservation) that happened to include a burial mound was developed on. One could also argue that, yes, their sovereignty was violated, but they failed to defend their sovereignty, and so it was relinquished (I don't like this because I think seizing via violence is fucked). One could also argue that they aren't the prime sovereign claim to that land - one tribe might have warred and taken it from another some 500 years prior, so why should the most recent tribe be considered the morally "sovereign" authority on the land?

Which brings me to the point that really concerns me: Taiwan. Populated by natives that were mingling with mainland Chinese for centuries, before a total Japanese takeover. Japanese sovereign territory (by violence). But then, mainland Chinese take over, uh, "back again?" Maybe? Arguable. Either way, another violent sovereign takeover. And finally, a civil war in China between two political parties, with a huge swath of one side fleeing in defeat to Taiwan. Is that even a sovereign takeover, or a political shift? And what of the aborigines, during this time?

Now China is claiming sovereignty over Taiwan, and from one point of view, they kind of do have a claim - Taiwan was technically Mainland Chinese territory, given back after Japan lost the war, and the Communist party did overthrow the Democratic party. However, the Communists did not successfully completely terminate the Democratic party (which is great because who wants more death), so on the other hand, I can see why ROC(Taiwan)'s claim to the island is also legitimate.

Either way, I'm terrified PRC will enforce their self-proclaimed sovereignty over the nation (which is effectively non-existent at present) using violence, which I'm not sure ROC(Taiwan) would be able to withstand, and then I'm worried afterwards the rest of the world will let China get away with it for the slippery sovereign arguments listed above.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by lupire on Wednesday October 31, 2018 @04:28PM (#18349021)
The point you are nearly reaching is that the idea of "sovereignty rights" is largely fiction. Sovereignty begins and ends at your ability to defend your claims with rhetorical or violent methods of persuasion. Even within a single legal system, like the United States federal vs state power questions, you can see how reality trumps theory.
Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by rayiner on Wednesday October 31, 2018 @03:08PM (#18348427)
> don't like this because I think seizing via violence is fucked

As you acknowledge in the next paragraph, it’s not like Native Americans weren’t seizing land from each other by violence. So what good does it do to write off the primary ways in which land is acquired in the absence of any applicable legal process?

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by komali2 on Wednesday October 31, 2018 @03:33PM (#18348616)
I didn't intend to write off, I just took a moment to insert my own opinion.

Does bring up a good point though - are the borders of most countries now "locked in?" Perhaps. Federations might form / break apart, which could shift around "sovereign territory." Like, imagine the EU consolidating, or the USA splitting.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by gaius on Wednesday October 31, 2018 @05:44PM (#18349525)
are the borders of most countries now "locked in?

Ask the Ukrainians.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by User23 on Wednesday October 31, 2018 @06:46PM (#18349840)
Interesting thing about annexation is that legally it isn't the taking of territory, it's recognizing that an area has always been part of one's territory.

This can get messy, but it can also give rise to some really culturally fascinating places, like the Alsace.

Re:Hawaii Supreme Court Rules in Favor of Building Thirty Me... by User23 on Wednesday October 31, 2018 @06:45PM (#18349831)
The law itself is predicated on violence. What would a legal ruling mean without enforcement? Indeed the colonization of the new world was entirely legal under the laws of the colonists.