Title III of the Helms-Burton Act is consistent with international law
Article Abstract:
The 1996 Helms-Burton Cuban Liberty and Democratic Solidarity Act Title III provisions conform with international law in attempting the redress the illegal confiscation of private property in Cuba. The US is only using extraterritorial jurisdiction to force the resolution of this matter through proper adjudication, a situation that any post-Castro Cuban government will have to face in the future. Moreover, both US interests and the role of international law are enhanced if the Act can slow trafficking in stolen Cuban property.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Agora: the Cuban Liberty and Democratic Solidarity (Libertad) Act
Article Abstract:
The Helms-Burton Cuban Liberty and Democratic Solidarity Act is misguided legislation that will fail to achieve its democratic goals. The Act is a secondary boycott designed to isolate Cuba but it illegally places restrictions on the behavior of US allies. The Act restricts the president's authority and diverts attention from Cuba's actual problems. This extraterritorial attempt to resolve decades-old confiscated property issues runs counter to the act of state doctrine and the Restatement of Foreign Relations Law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Agora: the Cuban Liberty and Democratic Solidarity (Libertad) Act, Continued
Article Abstract:
The notion that the Helms-Burton Cuban Liberty and Democratic Solidarity Act is a secondary boycott, a position espoused by Andreas Lowenfeld, is incorrect and misleading. Lowenfeld claims that third countries trading with Cuba will be penalized by the Act, which he believes is one of the goals of the Act's advocates. However, Cuba's trade in stolen goods justifies the severity of the law. The Act's reliance on the effects and the act of state doctrine is also evaluated.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Adapting the European community legal structure to the international trade. The participation of employees' representatives in the governance structure of the Societas Europeae
- Abstracts: The International Law Commission adopts draft articles on international watercourses. The United Nations starts work on a watercourses convention
- Abstracts: The early evolution of the United States patent law: antecedents. Antecedents
- Abstracts: Track the status of loans. Generation next
- Abstracts: A revolving door leads to the top. Quality is 'job one' for this attorney. He doesn't shop around for lawyers