Title III of the Helms-Burton Act Is Consistent with International Law
In: American journal of international law: AJIL, Volume 90, Issue 3, p. 434-440
ISSN: 2161-7953
The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, otherwise known as the Helms-Burton Act, became law on March 12, 1996. Title III of the legislation creates a federal cause of action, on behalf of U.S. citizens whose property was confiscated without compensation by Cuba, against those who "traffic" in that property. Several governments—notably Canada, Mexico and those of the European Union, whose corporate citizens are the principal "traffickers"—have denounced the legislation as an exercise of extraterritorial jurisdiction that violates customary international law. These governments apparently see nothing wrong with permitting—even encouraging—their nationals to use and profit from property that rightfully belongs to others. The United States not only commands the moral high ground on this issue; it also has the better of the legal argument.