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Organization of American States: Inter-American Juridical Committee Opinion Examining theU.S. Helms-Burton Act*

Published online by Cambridge University Press:  18 May 2017

Abstract

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Type
Reports and Other Documents
Copyright
Copyright © American Society of International Law 1996

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Footnotes

*

[Reproduced from Organization of American States Document OEA/Ser.G, CP/doc. 2803/96, August 27,1996. The Introductory Note was prepared for International Legal Materials by Seymour J. Rubin, Emeritus Professor of Law at die Washington College of Law, American University, Honorary Emeritus Member of the Inter-American Juridical Committee and Emeritus Member of the International Legal Materials Editorial Advisory Committee.

[The U.S. Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (the Helms-Burton Act) appears at 35 I.L.M. 357 (1996); the European Union Démarches Protesting the Helms-Burton Act appear at 35 I.L.M. 397 (1996); UN General Assembly Resolution 50/10 on Ending the U.S. Embargo against Cuba, November 2, 1995, appears at 35 I.L.M. 483 (1996); and the Integrated Text of the OAS Charter as Amended by the Protocols of Buenos Aires and Cartagena de Indias, with an Introductory Note by Heidi V. Jiménez, appears at 33 I.L.M. 981 (1994).]

References

1 OAS Resolution on Free Trade and Investment in the Hemisphere, approved by the General Assembly on June 4, 1996, OAS Doc. OEA/SER.P AG/doc.3375/96.

2 The Integrated Text of the OAS Charter as Amended by the Protocols of Buenos Aires and Cartagena de Indias, with an Introductory Note by Heidi V. Jiménez, appears at 33 I.L.M. 991 (1994).

3 See the recent comprehensive list of Bilateral Treaties Promoting and Protecting Investment, prepared by Paul Peters, appearing at 35 I.L.M. 1130 (1996).

4 The Convention on the Settlement of Investment Disputes between States and Nationals of Other States, March 18, 1965, appears at 4 I.L.M. 532 (1965).

1 Article 98 (formerly Article 104): “The purpose of the Inter-American Juridical Committee is to serve the Organization as an advisory body on juridical matters; to promote the progressive development and codification of international law; and to study juridical problems related to the integration of the developing countries of the Hemisphere and, insofar as may appear desirable, the possibility of attaining uniformity in their legislation.”

2 The expression “arrogación”in the Spanish text is used as the equivalent to “interposición diplomática”(diplomatic interposition) which is also used when a State espouses a claim by a national.