Article Title
Document Type
Article
Publication Date
Spring 1997
Publication Citation
4 Indiana Journal of Global Legal Studies 297 (1997)
Abstract
Professor Fidler's article examines the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of
1996,
Act, from within liberal international relations theory. He takes as his starting
point the controversy that the Helms-Burton Act has produced among liberal,
democratic states. Professor Fidler outlines the major tenets of the liberal
tradition in international relations thinking: promoting economic
interdependence, internationall aw, internationali nstitutions,a nd democracy.
He then looks at the arguments made by opponents of the Helms-Burton Act
from within each of these liberal tenets, showing how opponents believe the
Helms-Burton Act undermines economic interdependence, violates
international law, by-passes international institutions, and does little to
promote democracy in Cuba. Professor Fidler next places the arguments of
the proponents of the Helms-Burton Act within the same four tenets of the
liberal tradition and explores in detail the arguments put forward that the
Helms-Burton Act conforms with, and even progressively develops,
international law. The article moves to consider that the two sides in the
Helms-Burton controversy belong to distinct perspectives within the liberal
tradition. The proponents of the Helms-Burton Act exhibit the tendencies of
liberal realism, while the opponents of the Act reflect the teachings of liberal
internationalism. Locating the opponents and proponents of the Helms-Burton
Act within these two competing perspectives within the liberal tradition helps
explain the firestorm that has developed between liberal states over this piece
ofAmerican legislation. Finally, Professor Fidler offers a proposal to bridge
the gap between liberal realism and liberal internationalism in a policy
towards Cuba that attempts to bring the warring Helms-Burton factions
more well known as the Helms-Burton
together on how to exercise economic power against Castro, the proper role
for international organizations and international law, and an ethical
convergence for providing some compensation for the victims of Castro's
illegal expropriations ofproperty.
Recommended Citation
Fidler, David
(1997)
"LIBERTAD v. Liberalism: An Analysis of the Helms-Burton Act from within Liberal International Relations Theory,"
Indiana Journal of Global Legal Studies: Vol. 4:
Iss.
2, Article 4.
Available at:
https://www.repository.law.indiana.edu/ijgls/vol4/iss2/4