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32 Emory Int'l L. Rev. 1 (2017-2018)
You Say Embargo, I Say Bloqueo - A Policy Recommendation for Promoting Foreign Direct Investment and Safeguarding Human Rights in Cuba

handle is hein.journals/emint32 and id is 7 raw text is: YOU SAY EMBARGO, I SAY BLOQUEO-A POLICY RECOMMENDATION FOR PROMOTING FOREIGN DIRECT INVESTMENT AND SAFEGUARDING HUMAN RIGHTS IN CUBA Marcia Narine Weldon* ABSTRACT The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of human rights, and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in Cuba, many have an understandable concern regarding the rule of law and expropriation in a communist country. Bilateral investment treaties aim to address those concerns. After discussing the legal and political barriers to lifting the embargo, I propose a partial solution to the stalemate on human rights, which will: (1) facilitate foreign direct investment in Cuba; (2) protect investor interests through a bilateral investment treaty; and (3) require an examination of human rights impacts on the lives of Cuban citizens before investors can * Marcia Narine Weldon is a Lecturer in Law at the University of Miami School of Law and previously worked as a compliance officer and deputy general counsel for a Fortune 500 multinational company and as a consultant on issues related to export controls and OFAC compliance. She visited Cuba three times in 2015 and 2016, most recently in June 2016, presenting on the law of the embargo on a panel with Cuban lawyers and judges. This article would not be possible without feedback, inspiration, and insight from Tara Van Ho, Osvaldo Miranda, Richard Montes de Oca, Chrystin Ondersma, Keith Rizzardi, and the participants of the Business and Human Rights Scholars, Southeastern Association of Law Schools, Developing Ideas workshops, and the panelists on the Latin America with Trump, Petmer, Macri, Maduro, and New Cuba session at the American Bar Association Section of International Law Fall Meeting respectively. Thanks to research assistants Amal Uthman, Janna Mateo, Carolina Nuche, Javiera Sundar, Robert 1barra, Cecilia Martin, and Jaymar Bonet. This is Narine Weldon's third article on Cuba. All errors in this article should be attributed solely to the author.

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