The Cuban Embargo under International Law
The Cuban Embargo under International Law

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.

The Economic War Against Cuba
The Economic War Against Cuba

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

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.

The Cuban Embargo under International Law
The Cuban Embargo under International Law

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.

Sanctions as War
Sanctions as War

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.

Back Channel to Cuba
Back Channel to Cuba

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 Sanctions in International Law and Practice
Economic Sanctions in International Law and Practice

Author: Masahiko Asada

Publisher: Routledge

Published: 2019-11-07

Total Pages: 250

ISBN-13: 0429628013

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Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community. It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions. A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

Economic Sanctions under International Law
Economic Sanctions under International Law

Author: P. Sean Morris

Publisher: Taylor & Francis

Published: 2024-08-15

Total Pages: 323

ISBN-13: 1040114539

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The effects of US secondary sanctions are broad and are often designed to cripple the target country’s economy and currency. Some states have sought to circumvent these sanctions by setting up a special purpose vehicle to facilitate trade and financial transactions with the sanctioned country on humanitarian grounds. Although the nature of these special purpose vehicles is new and experimental, they are little understood, not least how they operate and function in international law. This volume addresses this gap by identifying and examining some of the legal issues that a special purpose vehicle such as the Instrument in Support of Trade Exchanges (INSTEX) generates. The collection brings together leading legal academics, sanctions practitioners and policy experts to provide an assessment of the special purpose vehicle in the context of secondary sanctions in international law. It will be of interest to researchers and academics in International law, Security law, Economic law and Comparative law.

Cuba After the Cold War
Cuba After the Cold War

Author: Carmelo Mesa-Lago

Publisher: University of Pittsburgh Pre

Published: 1993-08-15

Total Pages: 401

ISBN-13: 0822974568

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Ten original essays by an international team of scholars specializing in Cuba, the Soviet Union, Eastern Europe, and Latin America focus on the fall of communism in Europe and the transition to a market economy. Major themes of this study are the impact of the USSR's collapse on Cuba, how the historic events in Europe have affected the Central and South American Left, their implications to Cuba, Cuba's policies for confronting the crisis, and potential scenarios for the political and economic transformation of Cuba.

Coercive Diplomacy, Sanctions and International Law
Coercive Diplomacy, Sanctions and International Law

Author: Natalino Ronzitti

Publisher: Martinus Nijhoff Publishers

Published: 2016-03-11

Total Pages: 347

ISBN-13: 9004299890

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This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.