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America's Cuban Conundrum

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Case 5-1 1

Case 5-1

America’s Cuban Conundrum: The Assignment

Tonisha Pearson

Strayer University – MKT 505: International Marketing

July 29, 2012

Dr. David Holness, Instructor

1. Analyze the key issue that prompted the EU to take the Helms-Burton dispute to the WTO.
The key issue that prompted the EU to take the Helms-Burton dispute to the WTO is the theory that law argues against the governments’ authority and the principle of International Law. The EU believed that there are measures in the Act that are divergent to the obligations of the United States of America in the WTO Agreements, particularly the GATS, Article 14 applying to trade and services, and GATT , Article 21 applying to trade in goods (Toledo, 2011). According to John H. Jackson, Andreas F. Lowenfeld, both Professors of Law, it is argued that the GAT and GATT contracts would provide a defense for the United States to many if not all of the United States Helms-Burton measures, even if some of these measures would otherwise be considered to be inconsistent with United States treaty obligations. These exceptions, however if given a broad interpretation could undermine the whole WTO treaty and impair the security and stability of the world trading system for which the WTO has been created. On the other hand, it is extremely important to all nations that national security to a requirement, and for an international organization to disregard the importance of national concerns and policies, could lead powerful trading nations to ignore or disregard the rules of such organization (Jackson and Lowenfeld, 1997).
It was noted by supporters that the “effects doctrine” of international law permits a nation to take “reasonable” measures to protect its interest when an act outside its boundaries

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