Roy, Joaquín. (1997) "The Helms-Burton law: Development, consequences and legacy for Inter-American and European-U.S. Relations". In: UNSPECIFIED, Seattle, WA. (Unpublished)
Abstract
The Helms-Burton law has attracted the attention of international law scholars, political scientists and experts in international relations. The expectations of long and hard legal procedures reaching up to the U.S. Supreme Court have not been confirmed, in part due to the temporary suspension of some of the law’s most controversial aspects. Title III would allow the former owners of properties confiscated by the Cuban government to sue the individual or companies who would "traffick" with them by buying, selling or investing. The transitory agreement signed by Washington and Brussels in fact froze the process of an inter-Atlantic confrontation. However, additional measures by the U.S. Congress have maintained the tension and the possibilities of future legal procedures. As a legacy of the origin, development and consequences of the law, two dimensions are still solid candidates for analysis. In the field of international relations, there stands the impact exerted by the domestic political motivation of the law on the overall network of the international links of the U.S. with the rest of the world, especially regarding free trade agreements and commerce organizations such as the OMC. Second, the nature of the Helms-Burton law will continue to attract jurists because of the complexity of its different measures, differing interpretations of its constitutionality, and the alleged violation of international law. This paper combines both dimensions.
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