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International Law

Brooklyn Law School

2018

Property; Property Claims; Cuba; Diplomacy; US-Cuba Relations; International Relations; National Treatment Nationalization; Expropriation; Foreign Investment; Raul Castro; Fidel Castro; Barack Obama; Ashby Proposal; Dispute Settlement; Remedy; Foreign Claims Settlement Commission; FCSC; Libertad Act; Helms-Burton Act; Creighton Report; Cuban Exile Community; United States Agency for International Development; USAID; Feinberg Proposal; Restitution; Trade Agreements; Policy; Valuation; Embargo; Bilateral Trade Agreements; Cuban Revolution

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Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas Jun 2018

Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas

Brooklyn Journal of International Law

The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …