This thesis examines whether the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, also referred to as the Helms-Burton Act, is consistent with the international obligations of the United States, deriving from both customary and conventional international law. / After describing the historical background of the Helms-Burton Act, this analysis (1) discusses the consistency of the Act under customary international law, and particularly the legality of the extraterritorial features of the Act; (2) exposes the US's arguments under the World Trade Organization Agreement (WTO) and under the North American Free Trade Agreement (NAFTA); (3) questions the legality of the Helms-Burton Act under the WTO rules, that is under the General Agreement on Tariffs and Trade (GATT), under the General Agreement on Trade in Services (GATS) and under the Agreement on Trade-Related Investment Measures (TRIMs); (4) examines the consistency of the Helms-Burton Act under NAFTA; and (5) concludes as to the inconsistency of the Helms-Burton Act with the international obligations of the United States.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.20988 |
| Date | January 1998 |
| Creators | Lami, Marie-Pierre. |
| Contributors | De Mestral, Armand L. C. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001630957, proquestno: MQ50943, Theses scanned by UMI/ProQuest. |
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