Legal status of Midway

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The legal status of Midway is a controversial subject on which debate is becoming more common. Some claim that Midway is a territory of the United States of JBR. Others assert that Midway is an independent nation. The commonly accepted viewpoint within Midway is that Midway is an independent nation, while many members of the Imperialist Party of JBR assert that Midway is JBRican territory.

History

American rule

In 1859, Midway was sighted by Captain N.C. Middlebrooks of the sealing ship Gambia. He claimed Midway under the Guano Islands Act. On 28 August 1867, Captain William Reynolds of the USS Lackawanna formally took possession of the atoll for the United States. During World War 2, the Midway became a vital military asset due to it's strategic location in the Pacific Ocean. It became the location of the Battle of Midway, one of the most important battles of the Pacific War. Midway was abandoned and became uninhabited near the end of the Cold War.

Forming the Union of Midway

Soon after the dissolution of the United States in 2006, Zabuza Hashimoto went with Ulysses Lee and several others to Midway and re-inhabited it. Shortly after they arrived, they declared the existence of a nation, but internationally it was considered a micronation. Franz Seidler arrived with others and declared the existence of another micronation soon afterwards. Zabuza then proposed a political union between all the micronations, founding the Union of Midway. The United Nations recognized the Union of Midway as a nation on August 13, 2009, becoming the first micronation to gain enough diplomatic recognition to become a nation.

Annexation into JBR

On August 17, 2011 the Council for the Safety of Midway (CSMW) was founded and became the main driving force in the annexation movement in Midway. On September 12, soon after the Solaris Song Contest 2011 ended, the Council for the Safety of Midway staged a successful coup d'état with the help of JBRican military forces. The new government was named the Provisional Government of Midway, and the Council for the Safety of Midway began setting up a new government. Many high-ranking government officials within the government of the Union of Midway were arrested and charged with high treason, and sentenced to life imprisonment. Soon after the overthrow, the Union of Midway was replaced with the Provisional Government of Midway. The provisional government was quickly replaced by the Republic of Midway after an attempted counter-revolution failed. Midway was subsequently annexed into the United States of JBR.

However, the local population opposed the annexation, and on October 2, 2011, protests began which resulted in over 15,600 arrests. Eventually a compromise was reached and the Territory of Midway became the State of Midway on October 7, 2011, ending the protests and temporarily ending the debate.

Resurgence of debate

Near the end of the Fourth World War, the People's Republic of Grand China won the Chinese Invasion of Midway . They announced that they would occupy Midway until the a maximum of 1 month after the end of the Fourth World War, and then give back the Union of Midway all of its territories. JBR initially recognized this planned transfer. But the CSMW sent a request to the JBRican government arguing that Midway is rightfully JBRican territory. This request was met with a positive response, and JBR decided to maintain it's claim on Midway. JBR also demanded that the Chinese transfer sovereignty of Midway to JBR on the planned date that Midway was to re-gain independence. China refused to recognize JBR's claims and announced that the sovereignty transfer of the Midwayan territories to the Union of Midway would take place as planned.

Legal arguments

Arguments for JBRican sovereignty claims

• Midway was annexed after a majority of Midwayans voted in favor of annexation.
• The compromise reached during the 2011 Midwayan Independence Protests was canceled by Theresa Vales II, and thus no longer applies.
• All members of the government of the Union of Midway accepted the proclamation of the Provisional Government of Midway, and thus renounced their right to govern Midway
• JBRican Supreme Court Justice Michael Goër deemed that secession is illegal in JBR. If the JBRican government allows Midway to regain independence, it is allowing Midway to secede, which is illegal under JBRican law.

Arguments for Midwayan sovereignty claims

• The Overthrow of the Union of Midway was illegal under international law.
• The annexation of Midway was illegal under international law.
• The vote for annexation of Midway was illegitimate as there was too many restrictions on suffrage.
• JBR violated the compromise reached during the 2011 Midwayan Independence Protests, and according to the compromise if Midwayans aren't compensated then Midway becomes independent. No compensation was given, so Midway must become independent.

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