Helms-Burton invites a closer look at counter-measures

Article Abstract:

Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) of 1996 which was drafted in response to wrongful Cuban activities is not a counter-measure that is legitimate under international law. The extremely broad Title III allows the exercise of US judicial extraterritorial authority over expropriation activities. Jurisprudential analysis shows that retaliation against Cuba is improper because Cuba may expropriate property of Cuban nationals and third-party nationals may traffic in expropriated property under international law.

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The controversy over Title III of the Helms-Burton Act: who is breaking international law - the United States, or the states that have made themselves co-conspirators with Cuba in its unlawful confiscations?

Article Abstract:

The enactment by the US of the Cuban Liberty and Democratic Solidarity Act (Helms-Burton Act) is not an unwarranted exercise of extraterritorial jurisdiction but a legally and morally proper exercise of power. Title III of the Act protects US citizens whose property has been confiscated by Cuba without compensation by allowing prosecution in US courts of those trafficking in the confiscated property. Canadian, Mexican, and EC corporate citizens are among those who traffic and it is their governments who accuse the US of wrongdoing in enacting the legislation.

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A public international law critique of the extraterritorial jurisdiction of the Helms-Burton Act (Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996)

Article Abstract:

Title III of the Cuban Liberty and Democratic Solidarity Act (Helms-Burton Act) was intended to operate extraterritorially knowingly in violation of public international law. Title III allows the US to enforce its political foreign policy goals by giving US courts jurisdiction of foreign activities concerning extra-US-territorial properties. No policy objective should be able to override international law and its principle of sovereignty of nations.

United States foreign relations, Cuban foreign relations, Cuba

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