North America

Helms-Burton, the U.S., and the WTO

Rarely has a move by the U.S. government to impose its political views on other countries' economies aroused as much anger as has the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, widely known as the Helms-Burton Act. President Clinton originally opposed the Act, but signed it into law in March 1996, following the downing by the Cuban Air Force of two light planes flown by members of an anti-Castro organization based in the United States. 
 
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Volume: 
2
Issue: 
1
Author: 
John H. Jackson
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United States Dues Arrearages in the United Nations and Possible Loss of Vote in the UN General Assembly

The United States is substantially in arrears in its payment of amounts the United Nations General Assembly has assessed against it for the UN regular budget and for UN peacekeeping. The question arises whether there are any legal consequences for a failure to pay such assessments.
 
The UN Charter contains a single sanction for failure to pay assessed dues. Article 19 provides:
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Volume: 
3
Issue: 
8
Author: 
Frederic L. Kirgis
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NATO Interdiction of Oil Tankers Bound for Yugoslavia

NATO is preparing to interdict deliveries by sea of refined oil bound for Yugoslavia, as a means of ensuring that NATO's bombing of Serbian oil refineries will not be neutralized by the supply of refined oil from other sources.  France and Italy have raised a question whether such interdiction at sea would violate international law. 
 
Topic: 
Volume: 
4
Issue: 
2
Author: 
Frederic L. Kirgis
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The Kosovo Situation and NATO Military Action

When the Yugoslav government refused to sign the American-drafted peace accord for Kosovo, and after repeated warnings to Yugoslavia, NATO forces have begun an aerial bombing campaign against Yugoslav military targets. The question arises whether international law permits the use of armed force against Yugoslavia under these circumstances. 
Topic: 
Volume: 
4
Issue: 
1
Author: 
Frederic L. Kirgis
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Alien Tort Claims Act Proceeding Against Robert Mugabe

According to news reports, Robert Mugabe, the head of state of Zimbabwe, was served with process while he was in New York City for the United Nations Millennium Summit, in a suit brought by Zimbabwean nationals seeking civil damages under the U.S. Alien Tort Claims Act (ATCA). The suit alleges that Mugabe orchestrated violence by his political party against its opponents, including beating and burning the plaintiffs or, in one case, the husband of a plaintiff, in order to stay in power at the time of Zimbabwe's parliamentary elections in June.
 
Topic: 
Volume: 
5
Issue: 
11
Author: 
Frederic L. Kirgis
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U.S. Supreme Court Knocks Down State Burma Law

In a long-awaited decision confronting the intersection of federalism and foreign relations, the Supreme Court has struck down a Massachusetts law restricting state purchases from companies doing business in Burma. The Court's June 19 ruling in Crosby v. National Foreign Trade Council was on narrow, non-constitutional grounds. Although the decision puts similar state and local anti-Burma measures at least temporarily on ice, it is unlikely to emerge as the final word on foreign policymaking by state and local actors.
 
Topic: 
Volume: 
5
Issue: 
7
Author: 
Peter J. Spiro
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