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Berta Esperanza Hernández-Truyol and Stephen Joseph Powell

Print publication date: 2009

Print ISBN-13: 9780814736937

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814736937.001.0001

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Imperial Rules

Imperial Rules


(p.250) 13 Freedom from Famine and Fear
Just Trade

Berta Esperanza Hernández-Truyol

Stephen Joseph Powell

NYU Press

This chapter examines the impact of economic sanctions on human rights. It begins with an overview of economic sanctions within the human rights and international trade frameworks before discussing the circumstances that would justify economic sanctions. More specifically, it explores whether sanctions are justified under various treaties or customary international law; whether the state morally is justified in imposing the sanctions; whether the state applies sanctions to enforce human rights policies and not as a disguised means to protect its industries or to accomplish other domestic political purposes; and whether the sanction accomplishes its objective without major adverse effects. The chapter analyzes the United States's sanctions against Cuba, implemented through the Helms-Burton Act, and whether this law is legal under customary international law. Finally, it assesses the role of remittances in the Cuban economy.

Keywords:   economic sanctions, human rights, international trade, international law, Cuba, Helms-Burton Act, remittances, United States

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