The Cuban Embargo under International Law: El Bloqueo (Routledge Research in International Law)

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 book considers fundamental questions about international law and the international order through a detailed examination of the Cuban embargo. The book contains an extensive examination of the history, legality and effects of the US sanctions over the last fifty years. It considers the extent to which the US authorities have enforced the embargo's letter of the law, the impact on Cuba and an evaluation of the Cuban response to the embargo. The Cuban embargo will be examined alongside other major disruptive conflicts of the 20th and 21st centuries, including the Cuban Missile Crisis; sanctions against Rhodesia; the Arab Oil Embargo; sanctions against and the invasion of Iraq; sanctions against Burma, Iran and North Korea. Through an analysis of these conflicts it traces the development of non-forcible reprisals, sanctions, counter-measures and embargoes in history and specifically as a means of enforcement of international law. The book asks crucial questions about the importance and function of international law in the modern era, including its very existence. Nigel White argues that the illegality of the embargo and the fact it has not been curbed or even fully confronted by the rest of the world has resulted in a fifty-year toleration of what appears to be a serious violation of international law which has made it very difficult to identify when sanctions are lawful or not. The book offers a valuable reference point for scholars, experts and interested parties seeking understand this long-running dispute; but will also appeal more widely to those interested in the functioning and future of international law and international relations"-- "The United States embargo against Cuba was imposed as a response to Cuba's new revolutionary government's seizure of US properties which was viewed as an international law violation. However, while sanctions are usually seen as legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence puts into question the importance and function of international law. This book examines the history, legality and effects of the US sanctions over the last fifty years. Nigel D. White argues that the Cuban embargo has become a matter of politics and ideology; subject to apparently illegitimate coercion that has resulted in a fifty-year 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. As a fierce 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"-- Cover 1 Half Title 2 Title Page 6 Copyright Page 7 Table of Contents 8 Preface 10 Table of cases 12 Table of abbreviations 14 1 Introduction 16 1.1 The relevance of international law 16 1.2 A note on sources 19 1.3 Argument in outline 23 2 Cuba’s struggle for independence 32 2.1 Introduction 32 2.2 A bilateral history 33 2.3 Revolution as self-determination and self-defence 37 2.4 Missile crisis 42 2.5 Representative revolution? 44 2.6 Conclusion 47 3 Colonialism, imperialism and pariah states 50 3.1 Introduction 50 3.2 Colonialism 51 3.3 Imperialism 56 3.4 A new international economic order 60 3.5 Independence and external self-determination 62 3.6 Sovereign (in)equality 66 3.7 Conclusion 70 4 Exporting revolution, importing communism 72 4.1 Introduction 72 4.2 Cuba’s early interventions under international law 73 4.3 Cuba’s later interventions under international law 75 4.4 From external to internal self-determination 80 4.5 The continuing right to self-determination of the Cuban people 82 4.6 Conclusion 87 5 Self-help and international law 90 5.1 Introduction 90 5.2 Equality before the law 90 5.3 Unequal states 93 5.4 Law as power 95 5.5 Self-help in international law 99 5.6 Countermeasures 102 5.7 Collective countermeasures 106 5.8 Economic coercion 110 5.9 Conclusion 112 6 The Cuban embargo 114 6.1 Introduction 114 6.2 The politics of the embargo 115 6.3 The move to legislation 119 6.4 Helms-Burton Act 1996 120 6.5 After Helms-Burton 127 6.6 The impact of the embargo 133 6.7 The current debate 137 7 Violations, responsibility and remedies 140 7.1 Introduction 140 7.2 Responsibility in international law 141 7.3 Cuba’s conduct under international law 144 7.4 United States’ conduct under international law 154 7.5 Access to justice in international law 159 7.6 Conclusion 167 8 Legal framework for peaceful settlement 170 8.1 Introduction 170 8.2 The role of law in the political settlement of disputes 171 8.3 The political context 176 8.4 The importance of reciprocity and restoration 178 8.5 Setting up a peace process 182 8.6 Common legal ground 185 8.7 Compensation for losses suffered 193 8.8 Conclusion: towards a peace agreement 196 9 Concluding remarks on the relevance of international law 198 Bibliography 204 Index 212 "The book considers fundamental questions about international law and the international order through a detailed examination of the Cuban embargo. The book contains an extensive examination of the history, legality and effects of the US sanctions over the last fifty years. It considers the extent to which the US authorities have enforced the embargo's letter of the law, the impact on Cuba and an evaluation of the Cuban response to the embargo. The Cuban embargo will be examined alongside other major disruptive conflicts of the 20th and 21st centuries, including the Cuban Missile Crisis; sanctions against Rhodesia; the Arab Oil Embargo; sanctions against and the invasion of Iraq; sanctions against Burma, Iran and North Korea. Through an analysis of these conflicts it traces the development of non-forcible reprisals, sanctions, counter-measures and embargoes in history and specifically as a means of enforcement of international law. The book asks crucial questions about the importance and function of international law in the modern era, including its very existence. Nigel White argues that the illegality of the embargo and the fact it has not been curbed or even fully confronted by the rest of the world has resulted in a fifty-year toleration of what appears to be a serious violation of international law which has made it very difficult to identify when sanctions are lawful or not. The book offers a valuable reference point for scholars, experts and interested parties seeking understand this long-running dispute; but will also appeal more widely to those interested in the functioning and future of international law and international relations"-- Résumé de l'éditeur "The United States embargo against Cuba was imposed as a response to Cuba's new revolutionary government's seizure of US properties which was viewed as an international law violation. However, while sanctions are usually seen as legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence puts into question the importance and function of international law. This book examines the history, legality and effects of the US sanctions over the last fifty years. Nigel D. White argues that the Cuban embargo has become a matter of politics and ideology; subject to apparently illegitimate coercion that has resulted in a fifty-year 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. As a fierce 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"-- Provided by publisher "The United States embargo against Cuba was imposed as a response to Cuba's new revolutionary government's seizure of US properties which was viewed as an international law violation. However, while sanctions are usually seen as legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence puts into question the importance and function of international law. This book examines the history, legality and effects of the US sanctions over the last fifty years. Nigel D. White argues that the Cuban embargo has become a matter of politics and ideology; subject to apparently illegitimate coercion that has resulted in a fifty-year 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. As a fierce 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"-- Résumé de l'éditeur