The Cuban Embargo under International Law

The Cuban Embargo under International Law PDF

Author: Nigel D. White

Publisher: Routledge

Published: 2014-10-24

Total Pages: 252

ISBN-13: 1134451245

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The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.

The Economic War Against Cuba

The Economic War Against Cuba PDF

Author: Salim Lamrani

Publisher: NYU Press

Published: 2013-03

Total Pages: 142

ISBN-13: 1583673407

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It is impossible to fully understand Cuba today without also understanding the economic sanctions levied against it by the United States. For over fifty years, these sanctions have been upheld by every presidential administration, and at times intensified by individual presidents and acts of Congress. They are a key part of the U.S. government’s ongoing campaign to undermine the Cuban Revolution, and stand in egregious violation of international law. Most importantly, the sanctions are cruelly designed for their harmful impact on the Cuban people. In this concise and sober account, Salim Lamrani explains everything you need to know about U.S. economic sanctions against Cuba: their origins, their provisions, how they contravene international law, and how they affect the lives of Cubans. He examines the U.S. government’s own official documents to expose what is hiding in plain sight: an indefensible, vicious, and wasteful blockade that has been roundly condemned by citizens around the world.

Economic Sanctions as an Instrument of U.S. Foreign Policy

Economic Sanctions as an Instrument of U.S. Foreign Policy PDF

Author: Helen Osieja

Publisher: Universal-Publishers

Published: 2006

Total Pages: 132

ISBN-13: 1581123140

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Economic sanctions have been used as an instrument of American foreign policy ever since the Taft administration adopted the Dollar Diplomacy. This dissertation analyzes the trade Embargo the United States imposed upon Cuba after the Revolution from different perspectives: from the political, considering the main guidelines of American foreign policy toward Latin America, especially during the Cold War, and from the juridical, considering different perspectives of customary international law. Since the embargo was imposed only after American property had been expropriated without compensation, the dissertation analyzes the legality of expropriation, seen from the perspective of both capital-importing and capital-exporting countries, and the legality of economic sanctions as a legitimate peaceful reprisal. Due to the fact that the American embargo against Cuba is quasi-total, that is, consists of a number of different economic sanctions, it is the aim of this dissertation to analyze each of these, and finally, to assess the effectiveness of economic sanctions as an instrument of foreign policy. Many books and articles have been written about this very controversial embargo, almost as old as the Cuban Revolution itself. For the Cubans, it constitutes and "economic blockade", and a violation of Cuba's right to free trade; for the Americans, it is a reprisal for the confiscation of American property. Nonetheless, since the embargo, as stated above, is not a sanction itself but a number of different economic sanctions, it is the aim of this dissertation to analyze each of the sanctions that comprise the embargo and its legality, according to customary international law. Another aim of this dissertation is to prove why the American embargo against Cuba has only enhanced Castro's power and further centralized it. A brief chapter about the economic sanctions the United States imposed upon Chile under President Salvador Allende and the fall of his regime serves to compare the two cases with some similarities where sanctions were applied- in the first without success and in the second with success. Finally, the dissertation aims to prove that a lifting of the American embargo against Cuba is highly unlikely unless there is a change of regime in that nation of the Caribbean.

Economic Sanctions

Economic Sanctions PDF

Author: K. Alexander

Publisher: Springer

Published: 2009-04-28

Total Pages: 378

ISBN-13: 0230227287

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Economic sanctions are increasingly important instruments of regulatory and foreign policy. This book provides a detailed study of the post-9/11 financial sanctions programmes in the US and Europe, examining the key regulatory and legal issues that confront businesses and related liability issues for third parties and individuals.

Sanctions as War

Sanctions as War PDF

Author:

Publisher: BRILL

Published: 2021-12-20

Total Pages: 411

ISBN-13: 9004501207

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Sanctions as War is the first critical analysis of economic sanctions from a global perspective. Featuring case studies from 11 sanctioned countries and theoretical essays, it will be of immediate interest to those interested in understanding how sanctions became the common sense of American foreign policy.

The Cuban Embargo under International Law

The Cuban Embargo under International Law PDF

Author: Nigel D. White

Publisher: Routledge

Published: 2014-10-24

Total Pages: 223

ISBN-13: 1134451172

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The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law. This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics and ideology; subjecting Cuba to apparently illegitimate coercion that has resulted in a prolonged global toleration of what appears to be a serious violation of international law. The book demonstrates how the Cuban embargo undermines the use of sanctions world-wide, and asks whether the refusal of world governments to address the illegality of the embargo reduces international law to tokenism where concepts of sovereign equality and non-intervention are no longer a priority. Despite the weaknesses of international law, Nigel D. White argues that in certain political conditions it will be possible to end the embargo as part of a bilateral agreement to restore normal relations between the US and Cuba and, furthermore, that such an agreement, if it is to succeed, will have to be shaped by the broad parameters of law and justice. As a fierce re-evaluation of international law through the story of a country under siege, this book will be of great interest and use to researchers and students of public international law, international relations, and US and Latin American politics.

Back Channel to Cuba

Back Channel to Cuba PDF

Author: William M. LeoGrande

Publisher: UNC Press Books

Published: 2015-09-14

Total Pages: 585

ISBN-13: 1469626616

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History is being made in U.S.-Cuban relations. Now in paperback and updated to tell the real story behind the stunning December 17, 2014, announcement by President Obama and President Castro of their move to restore full diplomatic relations, this powerful book is essential to understanding ongoing efforts toward normalization in a new era of engagement. Challenging the conventional wisdom of perpetual conflict and aggression between the United States and Cuba since 1959, Back Channel to Cuba chronicles a surprising, untold history of bilateral efforts toward rapprochement and reconciliation. William M. LeoGrande and Peter Kornbluh here present a remarkably new and relevant account, describing how, despite the intense political clamor surrounding efforts to improve relations with Havana, negotiations have been conducted by every presidential administration since Eisenhower's through secret, back-channel diplomacy. From John F. Kennedy's offering of an olive branch to Fidel Castro after the missile crisis, to Henry Kissinger's top secret quest for normalization, to Barack Obama's promise of a new approach, LeoGrande and Kornbluh uncovered hundreds of formerly secret U.S. documents and conducted interviews with dozens of negotiators, intermediaries, and policy makers, including Fidel Castro and Jimmy Carter. They reveal a fifty-year record of dialogue and negotiations, both open and furtive, that provides the historical foundation for the dramatic breakthrough in U.S.-Cuba ties.

Economic Coercion and the Limits of Sovereignty

Economic Coercion and the Limits of Sovereignty PDF

Author: José Gabilondo

Publisher:

Published: 2019

Total Pages: 51

ISBN-13:

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While scholars and journalists have written exhaustively about the property claims against Cuba certified by the U.S. Foreign Claims Settlement Commission, little attention has been paid to Cuba's public international law claim against the United States for embargo losses caused by its unilateral sanctions. As a result of the normalization process between the two countries that began in 2014, resolving both the property claims and the embargo claim has become a diplomatic priority. While conceding the doctrinal limitations under existing authorities, this paper critically evaluates Cuba's claim and presents strong legal support for it. Public international law provides no exact precedent for damages caused by unilateral economic sanctions, but the distinctive circumstances in the case of Cuba may justify a new precedent. In particular, three aspects of these sanctions weigh in favor of liability on the part of the United States: (i) its Cuba sanctions do not comply with public international norms about economic sanctions; (ii) these sanctions have consistently demonstrated an intent to manipulate and to harm Cuba's civilian population; and (iii) these sanctions have handicapped Cuba's sovereign prerogative to adapt to a changed global trading system, one built on relational value chains. The paper concludes by arguing for a consolidated claims settlement process that nets Cuba's embargo claim against the certified property claims of the United States. Doing so would provide the liquidity needed to clear away some of the political risk that currently cripples the Cuban economy.

Unilateral Sanctions in International Law

Unilateral Sanctions in International Law PDF

Author: Surya P Subedi

Publisher: Bloomsbury Publishing

Published: 2021-05-06

Total Pages: 368

ISBN-13: 1509948392

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This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

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