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