Law Commons^™

Embargo Or Blockade? The Legal And Moral Dimensions Of The U.S. Economic Sanctions On Cuba, Berta E. Hernández-Truyol

UF Law Faculty Publications

The almost fifty-year old U.S. economic policy towards Cuba entails the embargo that is the topic of this essay. Indeed, not even on the naming of the economic policy can the camps agree. To those antagonistic to the revolution the policy is an embargo -- an economic sanction constituting a legitimate government action that legally restricts the flow of goods, services and capital to the island in order to try to influence the Castro regime into changing its undemocratic ways. Such lawful restrictions simply signal justifiable disapproval of another country's policy with the goal of changing the state's behavior that …

Whither Communism: A Comparative Perspective On Constitutionalism In A Postsocialist Cuba, Jon L. Mills, Daniel Ryan Koslosky

UF Law Faculty Publications

For over fifty years, Cuba has been a source of high-spirited political and policy debates. Its history and geostrategic position make it unique in American diplomatic and socioeconomic history. Interest in the island has not waned with the collapse of Communism in Eastern Europe and the former Soviet Union. On the contrary, Raul Castro’s assumption of Government has led many to begin asking how and under what circumstances political liberalization and economic transformation may occur in Cuba. This article examines the possible constitutional outcomes of a Cuba transition and introduces a framework for analyzing both Cuban economic reforms and US …

Cuba And Good Governance, Berta E. Hernández-Truyol

UF Law Faculty Publications

The idea of “good governance” embraces the concept that economic success is inextricably linked to democratic and just governance. This essay explores how Cuba fares in light of good governance standards. At the outset, an overall observation is appropriate: if one considers the traditional criteria, to talk about Cuba and good governance might simply be an impossible task-- indeed an oxymoron--if we use as the starting point of analysis the existing definitions of governance. Therefore, in order to engage this thesis, I will deconstruct the idea of good governance into two parts--processes and outcomes. First, I explore the theoretical origins, …

Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol

UF Law Faculty Publications

Does there exist a Cuban society that is culturally cohesive? Is Cubanidad dependent on territorial borders and political ideology? Can there be a singular narrative on Cubanidad that transcends geography and politics? This article asks those questions and posits that, while political and economic differences might result in very different lifestyles and ideologies, social and cultural tropes might provide some similarities and cultural cohesion. This thesis is tested through the study of available, albeit sparse, information on the role of Cubanas in society. First the role of women in Cuban society throughout history is examined. Next, changes in the laws …

Building Bridges V—Cubans Without Borders: Mujeres Unidas Por Su Historia, Berta E. Hernández-Truyol

UF Law Faculty Publications

Part I of this Essay traces the role of women in Cuban society throughout history. It includes a review of the development of Cuban laws concerning women, and women's role in developing them. This Part also addresses laws pertaining to women that were adopted by the present revolutionary regime. Part II sets out laws, beyond the laws of Cuba, that address the issue of gender/sex equality. It focuses on international norms that protect sex equality pertinent to women in Cuba as well as to Cuban women outside of Cuba. It also reviews U.S. laws on equality as they affect Cuban …

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect …

Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol

UF Law Faculty Publications

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills

UF Law Faculty Publications

This Article analyzes some of the major Cuban and international legal issues confronting U.S. and Cuban claimants whose property was expropriated by the Cuban government. Part II reviews the history of the Cuban nationalizations and examines the historical development of the property protection provisions of the Cuban Constitution. Part III analyzes the implications of deciding which Cuban legal system should apply to the claims of expropriated property owners.

Part IV discusses the legal and procedural barriers to recovering expropriated property, focusing upon international law of claimant eligibility, abandonment of property, and compensation to expropriated investors. This Part also analyzes both …

Out In Left Field: Cuba’S Post-Cold War Strikeout, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Article studies the Cuban situation in four parts. First, it reviews whether Cuba actually fits basic expectations of "Third World country" status. As discussed in Part I, the figures of social and human development indicators, as well as economic development figures, reveal that Cuba does not match the definition neatly. Its health, education, and welfare figures rival those of industrial states. Economic development figures, however, paint a completely different picture. Economic considerations certainly permit labelling the island as a "developing country," particularly since the onset of the 1986 recession, as exacerbated by the demise of communism and Cuba's consequent …