Economic Sanctions as an Instrument of U.S. Foreign Policy: The Case of the U.S. Embargo Against Cuba

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Universal-Publishers, 2006 - 132페이지
Economic sanctions have been used as an instrument of American foreign policy ever since the Taft administration adopted the Dollar Diplomacy. This dissertation analyzes the trade Embargo the United States imposed upon Cuba after the Revolution from different perspectives: from the political, considering the main guidelines of American foreign policy toward Latin America, especially during the Cold War, and from the juridical, considering different perspectives of customary international law.

Since the embargo was imposed only after American property had been expropriated without compensation, the dissertation analyzes the legality of expropriation, seen from the perspective of both capital-importing and capital-exporting countries, and the legality of economic sanctions as a legitimate peaceful reprisal. Due to the fact that the American embargo against Cuba is quasi-total, that is, consists of a number of different economic sanctions, it is the aim of this dissertation to analyze each of these, and finally, to assess the effectiveness of economic sanctions as an instrument of foreign policy.

Many books and articles have been written about this very controversial embargo, almost as old as the Cuban Revolution itself. For the Cubans, it constitutes and "economic blockade", and a violation of Cuba's right to free trade; for the Americans, it is a reprisal for the confiscation of American property. Nonetheless, since the embargo, as stated above, is not a sanction itself but a number of different economic sanctions, it is the aim of this dissertation to analyze each of the sanctions that comprise the embargo and its legality, according to customary international law.

Another aim of this dissertation is to prove why the American embargo against Cuba has only enhanced Castro's power and further centralized it. A brief chapter about the economic sanctions the United States imposed upon Chile under President Salvador Allende and the fall of his regime serves to compare the two cases with some similarities where sanctions were applied- in the first without success and in the second with success. Finally, the dissertation aims to prove that a lifting of the American embargo against Cuba is highly unlikely unless there is a change of regime in that nation of the Caribbean.

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4232 The Import Embargo
63
4311 The Duty of Economic Cooperation between States
64
4312 The Prohibition of Intervention
65
4313 The Legality of Trade Discrimination
66
432 Legality of the US Embargo against Cuba according to LawMaking Treaties
68
44 The Legality of the Embargo According to the Charter of the OAS
69
Analysis of the US Embargo against Cuba
71
512 The Trade Ban
72

13 The Foreign Policy of the Eisenhower Administration
13
Guatemala
15
132 Economic Aid as a Means to Stop Communism
17
14 American Foreign Policy and the InterAmerican Peace System
18
141 The OAS as Military Instrument of the United States
19
142 The OAS as Political Instrument of the United States
20
1422 The Washington Declaration of 1951
21
1423 The Caracas Resolution A Diplomatic Victory of the United States
22
15 The Development of the US Embargo Policy
23
151 The US Embargo Policy after the Outbreak of the Korea War
25
Political Confrontations of the United States with Cuba
27
213 PreRevolutionary Cuban Society Sugar and Relations with the United States
29
Protector or Exploiter of Cuba?
30
22 American Policy to Cuba at the Outbreak of the Revolution
32
23 American Intervention against Batista
33
From US Recognition to Confrontation
34
242 The Policy of Restraint Continued
36
243 From Restraint to the Forceful Ousting of Castro
37
244 The Shaping of a Policy of Containment
39
245 Containment Refined
40
25 Analysis of the Development of the Confrontation
41
2513 The Thesis that the United States Pushed Cuba into the Arms of the USSR
42
253 Images of the Cuban Revolution and Policy Shaping
44
Starting Point of the American Trade Embargo The Expropriation of American Property
48
32Legal Expropriation and Customary International Law
51
321 Four Traditional Procedures for the Settlement of International Claims
52
3213 The Mixed Claims Commission
53
34 The Illegality of Confiscation of Property
54
35 The Nationalization of American Property in Cuba
55
The Embargo A Legitimate Measure of Economic Policy
58
42 Definition Classification and Forms of the Embargo
59
422 Distinction between the Embargo and Other Forms of Economic Sanctions
61
423 Typology of the Embargo
62
52 Effects of the Embargo on the Cuban Economy
75
522 Effects of the Embargo on the Cuban Consumer Market
77
523 Effects of the Embargo on Cuban Production
78
53 Extraterritoriality of the American Embargo
79
532 Extraterritoriality under American Customary Law
81
533 International Export Agreements
83
5341 Canada
85
5343 France
86
54 Extraterritoriality in International Law
87
Following a Consistent Pattern US Sanctions against Chile under President Allende
89
611 The Election of Salvador Allende Gossens and US National Security
90
612 US Perception of the Chilean Socialist Government
91
62 Expropriation of American Enterprises in Chile
92
622 Confiscation of USCopper Mining Enterprises by the Marxist Government
93
63 Economic Policy of the Allende Administration and its Effects
96
632 Output of the Chilean Economy under Salvador Allende
97
633 US Economic Sanctions and their Effect on the Chilean Economy
98
634 Effectiveness of US Economic Sanctions against Chile
99
Conclusion
101
712 Do Economic Sanctions Constitute a Violation of Human Rights?
102
72 Legality of the US Embargo against Cuba
103
7212 Legality of the Cancellation of the Cuban Sugar Quota
104
7215 The Legality of the Cuban Assets Control Regulations
105
722 Illegal Aspects of the Embargo
106
7222 Extraterritoriality of American Trade Laws
107
73 Effectiveness of Economic Sanctions as a Political Instrument
108
732 Why Are Some Sanctions Effective and Others Not?
109
74 Possibility of the Lifting of the Embargo
110
742 Main Obstacles to the Lifting of the Embargo
112
75 Final Conclusion
113
Bibliography
114
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22 페이지 - That the domination or control of the political institutions of any American State by the international communist movement, extending to this hemisphere the political system of an extracontinental power, would constitute a threat to the sovereignty and political independence of the American States, endangering the peace of America, and would call for a Meeting of Consultation to consider the adoption of appropriate action in accordance with existing treaties.
45 페이지 - No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. The foregoing principle prohibits not only armed force but also any other form of interference or attempted threat against the personality of the State or against its political, economic and cultural elements.
45 페이지 - No State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind.
5 페이지 - Chronic wrongdoing, or an impotence which results in a general loosening of the ties of civilized society, may in America, as elsewhere, ultimately require intervention by some civilized nation, and in the Western Hemisphere the adherence of the United States to the Monroe Doctrine may force the United States, however reluctantly, in flagrant cases of such wrongdoing or impotence, to the exercise of an international police power.
53 페이지 - Everyone has the right to own property alone as well as in association with others. 2 No one shall be arbitrarily deprived of his property.
7 페이지 - At the present moment in world history nearly every nation must choose between alternative ways of life. The choice is too often not a free one.
79 페이지 - The first and foremost restriction imposed by international law upon a state is that- failing the existence of a permissive rule to the contrary- it may not exercise its power in any form in the territory of another state.

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