Premium Essay

America's Cuban Conundrum

In: Business and Management

Submitted By simuang8959
Words 1594
Pages 7
America’s Cuban Conundrum
1. Analyze the key issue that prompted the EU to take the Helms-Burton dispute to the WTO The 1963 U.S. embargo was reinforced in October 1992 by the Cuban Democracy Act (the "Torricelli Law") and in 1996 by the Cuban Liberty and Democracy Solidarity Act (known as the Helms-Burton Act) which penalizes foreign companies that do business in Cuba by preventing them from doing business in the U.S. Justification provided for these restrictions was that these companies were trafficking in stolen U.S. properties, and should, thus, be excluded from the United States (Longmire, 2009). According to the Department of State (2000), Helms-Burton Act is the latest incarnation of U.S. efforts to internationalize it embargo of Cuba. Both the 1992 Cuba Democracy Act and Helms-Burton target foreign investment in Cuba, seeking to undermine Cuba’s international access to capital. The European Union (EU), Canada and Mexico have taken steps to challenge the law in the WTO and under NAFTA, seeking the nullification of the law on the grounds that it violates international trade law. The EU resented the Helms Burton Act because it felt that the US was dictating how other nations ought to conduct their trade and challenged it on that basis. The EU eventually dropped its challenge in favor of negotiating a solution. Many nations have enacted antidote legislation that bars their nationals from complying with Helms-Burton, under the threat of fines. They also argue that Helms-Burton violates international trade laws and norms by trespassing on the sovereignty of third countries. These countries regularly refer to the provisions of Helms-Burton that threaten their nationals as "extra-territorial." They also believe that their trade relationships with Cuba are a matter in which the United States has no right to interfere. Indeed, to many observers, the United…...

Similar Documents

Premium Essay

America's Cuban Conundrum

...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......

Words: 1324 - Pages: 6

Premium Essay

Case 5-1  “America's Cuban Conundrum”

...Assignment 2:  Case 5-1  “America's Cuban Conundrum” International Marketing 505 1.) Analyze the key issue that prompted the EU to take the Helms-Burton dispute to the WTO. The EU took the Helms-Burton dispute to the WTO because they felt that it violated international rules dealing with trade. The EU had a dispute with the U.S. regarding testing agriculture, trade and investments and biotechnology issues which were brought to the attention of the WTO found the following: The EU, concerned about the effect of the North American Free Trade Agreement (NAFTA), proposed a Transatlantic Free Trade Agreement (TAFTA) in 1994, and the U.S.-somewhat reluctantly-went along. There was to be no TAFTA to complement NAFTA, however: only a renewed political gesture in the form of the 1995 New Transatlantic Agenda (NTA) ("EU/US Summit,”). Its main lasting effect was the Transatlantic Business Dialogue (TABD), the first transatlantic lobby, which brought about agreements on testing and certification as a step toward defining a new trade agenda. It also envisioned the creation of a New Transatlantic Marketplace (NTM) within which trade barriers between the U.S. and EU would be largely dismantled.(Padgett,2009) Continuously diluted, in 1998 the NTM became today's Transatlantic Economic Partnership (TEP), a limited agreement slighting key issues, particularly agriculture, audiovisual services, and culture. This failure to develop substantive transatlantic regulations means reliance...

Words: 1282 - Pages: 6

Premium Essay

Doc 2

...Assignment 2:Case 5-1 Dwayne Smith Dr. Harris Strayer University Marketing 5008 July 29, 2012 Introduction       The Helms-Burton Act has become one of the most controversial and widely discussed international legislation in decades.   The resistance from the Cuban government about the features of the Helms-Burton legislation is a clear affirmation of the legitimacy of property claims irrespective of the passage of time.   This report will address the issues with the America’s Cuban Conundrum.   It will analyze the key issue that prompted the EU to take the Helms-Burton Dispute to the WTO, determine who benefits and who suffers from an embargo of this type of economic barriers.   This report would also constitute a resolution to the trade condition between U.S and Cuba, and determine what type of economic barriers would have to be overcome by a U.S. Firm to conduct business successfully in Cuba. The Cuban Democracy Act of 1992 stipulates that U.S. sanctions on Cuba will remain in place until specific moves toward democracy bring about a calibrated adjustment.   The Cuban Liberty and Democratic Solidarity (Libertad) Act—or Helms-Burton bill—which Senators Helms, Dole et al. have introduced in the Senate, goes further in strengthening international sanctions, establishes a civil right of judicial action for U.S. citizens having ownership of or interest in expropriated properties—with reference either to fair market value or amounts certified by......

Words: 786 - Pages: 4

Free Essay

International Business

...could be reflected as accessories for Barbie. America’s Cuban Conundrum 1. What was the key issue that prompted the EU to take the Helms-Burton dispute to the WTO? Although a "blocking statute" was permitted under Article 235 of the European Union, Denmark threaten to veto stated that it exceeded the European Commission's authority.   After President Clinton signed the Iran and Libya Sanctions Act, the World Trade Organization agreed to a request by the European Union to assemble a three-person trade panel that would determine if Helms-Burton violated any international trade laws. 2. Who benefits the most from an embargo of this type? Who Suffers? This embargo immediately benefits the U.S. companies and citizens whose property seized by the Cuba government. It hurts the country that is being sanctioned because it limits the trade market.   The Helms-Burton Act also restricts new job openings from foreign companies and investors.   These jobs could be vital to improving the poor way of life the Cubans are used to living under the socialist government. 3. Assess attempts by some U.S. policymakers to limit or end enforcement of the embargo rather than the embargo itself. Do you agree with this approach? Former United States Secretaries of States called upon the president to create a National Bipartisan Commission on Cuba to review the policy.   This allowed Cubans to buy unlimited amounts of food and......

Words: 2642 - Pages: 11

Premium Essay

Contemplating Realities and Paradoxes in the Global War on Terror

...values based on a temporal scale that mediates the state of emotional arousal. The more recent the terrorist attack, the more the public demands increased security. The more distant the attack, either spatially or temporally, the more likely citizens are to favor individual freedoms. A further confounding element is that review of actions taken proximate to a terrorist event, are evaluated through a prism refracting disparate temporally distorted values. Remove the Cancer The Kill/Capture Paradox A cornerstone of counterterrorist operations has been the kill/capture policy designed to either physically eliminate the terrorists or confine them so that they are no longer a threat. The simplicity and logic of such a policy belies the conundrums it creates. Shortly after 9/11, President Bush announced that he had a “most wanted” list. In subsequent meetings he indicated that many of the people on that list had been killed and a few were in custody. In the tenor of the times, with the value of safety foremost in the minds of Americans, termination of terrorists was not only acceptable, but also laudable. There was no questioning of the construction of the list. There was little public concern about where or how the executions had been carried out. If terrorists died, the feeling went, Americans would be safer. Details surrounding the killing of isolated terrorists were seen as inconsequential. More problematic, however, was when specifically identified terrorists......

Words: 28095 - Pages: 113

Premium Essay

Exorbitant Priviledge

...dollar’s singular status as the world’s currency. This has long been a sore point for foreigners, who see themselves as supporting American living standards and subsidizing American multinationals through the operation of this asymmetric financial system. Charles de Gaulle made the issue a cause célèbre in a series of presidential press conferences in the 1960s. His finance minister, Valéry Giscard d’Estaing, referred to it as America’s “exorbitant privilege.” Not that this high-flown rhetoric led to changes in the actual existing system. In international finance as in politics, incumbency is an advantage. With other countries doing the bulk of their transactions in dollars, it was impossible for any individual country, even one as critical of America’s exorbitant privilege as France, to move away from the currency. And what was true in the 1960s remained true for the balance of the twentieth century. But today, in the wake of the most serious financial crisis in 80 years, a crisis born and bred in the United States, there is again widespread criticism of America’s exorbitant privilege. Other countries question whether the United States should have been permitted to run current account deficits approaching 6 percent of GDP in the run-up to the crisis. Emerging markets complain that as their economies expanded and their central banks felt compelled to augment their dollar reserves, they were obliged to provide cheap finance for the U.S. external deficit, like it or not. With......

Words: 81879 - Pages: 328

Premium Essay

First Filipino

...fellow barrister, Supreme Court acquitted the accused of the crime of murder, but the decision was no reflection on the prosXV Ferdinand Marcos, now President of the Philippines. The ecutor who had to rest his case on the unreliable confession of an alleged member of a conspiracy who had turned state witness. Upon the outbreak of the Japanese War, Guerrero, together with a fellow-journalist and friend, Salvador P. López, now President of the State University, volunteered to join the press relations staff of the United States Armed Forces in the Far East under Carlos P. Rómulo, serving as a first lieutenant in Bataan and, after its fall, on Corregidor. The isolation and subsequent surrender of the USAFFE led to a disenchantment with America's unfulfilled promises to protect the Philippines and this marked the beginning of his pragrnatic attitude towards the United States. During the first years of the Japanese occupation, using the pseudonym of "Ignacio Javier" (the combined names of the two greatest Jesuits) which he had already popularized in broadcasts before the war, he gave a series of nightly commentaries which were widely listened to and in which listeners readily discerned a double entendre supporting the Allied rather than the Axis cause. This was probably the reason why after Japan's surrender, he was not detained by the Americans in Sugamo prison in Tokyo, whither he had gone as first secretary of the Philippine Embassy, and why he was not prosecuted in the......

Words: 203166 - Pages: 813

Premium Essay

Strategic Management

...Corporate Strategy? 36.1 36.2 36.3 36.4 June 2012 The History of Google, 1996−2012 Google’s Management and Capabilities Future Challenges 644 645 647 648 655 655 656 662 663 Appendix 37 Case 21: Danone: Strategy Implementation in an International Food and Beverage Company 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 Danone’s Development, 1973−2011 Danone in 2012 Organizational Structure Management Systems and Style Knowledge Management Principles and Values Emerging Market Strategy Future Challenges Appendix 38 Case 22: Jeff Immelt and the Reinventing of General Electric 38.1 38.2 38.3 38.4 38.5 A History of GE Jeff Immelt GE’s Business Environment, 2001−2012 GE’s Growth Strategy Changing the GE Management Model Appendix 39 Case 23: Bank of America’s Acquisition of Merrill Lynch 39.1 39.2 December 2008 The Strategic Issues Arising from the Merger Appendix 40 Case 24: W. L. Gore & Associates: Rethinking Management? 40.1 40.2 40.3 40.4 The Founding of Gore Origins of the Gore Management Philosophy Organization Structure and Management Principles Innovation Glossary 673 673 674 677 678 679 680 681 682 693 695 697 697 698 703 713 713 716 729 729 729 731 733 737 vii To Sue viii Preface to Eighth Edition Contemporary Strategy Analysis equips managers and students of management with the concepts, frameworks, and techniques needed to make better strategic decisions. My goal is a strategy text that reflects the dynamism and intellectual rigor of this fast-developing......

Words: 357444 - Pages: 1430

Premium Essay

Leadership

...operations manager he’d ever seen. Yet, as talented and successful as he was, Nardelli flamed out at Home Depot because he was only seeing part of the picture. He was a victim of one of the most common afflictions of leaders: seeing an incomplete or distorted picture as a result of overlooking or misinterpreting important signals. An extensive literature on business blunders attests to the pervasiveness of this lost-at-sea state (see, for example, Adler and Houghton, 1997; Feinberg and Tarrant, 1995; Ricks, 1999; Sobel, 1999). Enron’s demise provides another example of floundering in a fog. In its heyday, Enron proclaimed itself the “World’s Leading Company”—with some justification. Enron had been a perennial honoree on Fortune’s list of “America’s Most Admired Companies” and was ranked as the “most innovative” six years in a row (McLean, 2001, p. 60). Small wonder that CEO Kenneth W. Lay was among the nation’s most admired and powerful business leaders. Lay and Enron were on a roll. What could be wrong with such a big, profitable, innovative, fast-growing company? The trouble was that the books had been cooked, and the outside auditors were asleep at the switch. In December 2001, Enron collapsed in history’s thenlargest corporate bankruptcy. In the space of a year, its stock plunged from eighty dollars to eighty cents a share. Tens of billions of dollars in shareholder wealth evaporated. More than four thousand people lost their jobs and, in many 4 Reframing......

Words: 193447 - Pages: 774

Free Essay

Jezz Bezos

...but it is not a bad guess,” Bezos said.1 When Birtwistle graduated from Harvard, he joined Amazon, along with Kilar and Andy Jassy, who years later would run Amazon’s pioneering cloud business. They were among the first business-school graduates hired at Amazon, which had previously favored local, technical talent. They were also a handy resource for Bezos at a crucial juncture in the company’s history. In early 1998, the doomed broomball pioneer and marketing executive Mark Breier brought Bezos findings from a survey that showed a significant majority of consumers did not use Amazon.com and were unlikely to start simply because they bought very few books. Bezos, Breier says, did not seem overly concerned with the depressing math behind America’s literary interests. He told Breier to organize the new Harvard Business School graduates into a “SWAT team” to research categories of products that had high SKUs (the number of potentially stockable items), were underrepresented in physical stores, and could easily be sent through the mail. This was a key part of Amazon’s early strategy: maximizing the Internet’s ability to provide a superior selection of products as compared to those available at traditional retail stores. “I brought him very bad news about our business, and for some reason, he got excited,” Breier says. Bezos now felt expansion into new categories was urgent. In customers’ minds, the Amazon brand meant books only. He wanted it to be more malleable, like Richard......

Words: 120163 - Pages: 481

Premium Essay

Hello

...neither, I assure you that. 2. Elijah Millgram, “Virtue for Procrastinators,” in The Thief of Time: Philosophical Essays on Procrastination, Chrisoula Andreou and Mark D. White, eds. (Oxford: Oxford University Press, 2010), 151–164. 3. Oddly enough, Mr. Moore, named George Edward by his blessed parents, preferred to be called Bill, while the series editor of these fine volumes, Bill Irwin, prefers to be called Sally. To each his own I always say, except when I don’t, in which case I still won’t call him Sally. 4. G. E. Moore, Principia Ethica (Cambridge, UK: Cambridge University Press, 1903), 10. 5. Ibid., 27–31. 6. Ibid., 28. This entire quote is italicized in the original—he must have really meant it. 7. Moore faces quite a conundrum, however, in that the word “organic” had rather a different meaning at the time, thanks to “philosophers, especially those who profess to have derived great benefit from the writing of Hegel” (referring to the philosopher G. W. F. Hegel, 1770– 1831, from whom I often profess to have derived great benefit, but at even greater cost). I think he—Moore, not Hegel—sounds rather Carrollesque when recounting his struggle with terminology: “I have said that the peculiar relation between part and whole which I have just been trying to define is one which has received no separate name. It would, however, be useful that it should have one; and there is a name, which might well be appropriated to it, if only it could be divorced from......

Words: 70265 - Pages: 282

Premium Essay

Managing Cultura Differences

...Barriers Hindering the Advancement of Women, Persistent Global Cultural Stereotypes, Balancing Work and Family, Selected Woman Managers’ Views, Company Initiatives to Break the Glass Ceiling, The Next Generation, What the Future Might Hold, Summary, References 9 EFFECTIVE PERFORMANCE IN THE GLOBAL MARKETPLACE Global Leaders and Strategic Alliances, The Psychological Contract, Developing Human Resources, Global Performance, Integrity in Business Organizations, Ethical Relativism, Cultural Changes, Managing Technology Transfer, Effective Global Leadership, Summary, References UNIT 2 REGIONAL CULTURE SPECIFICS 10 DOING BUSINESS WITH NORTH AMERICANS (United States and Canada) Pan-American Management Perspectives, Northern America’s Indigenous People, Canada, The United States of America, Summary, References 11 DOING BUSINESS WITH LATIN AMERICANS (Mexico and Brazil) Mexico, Central American States, South American Cultural Development, Brazil, Latin American Cultural Themes, Challenges for Pan-American Cooperation, Summary, References 12 DOING BUSINESS WITH ASIANS AND AUSTRALIANS (Australia, China, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, South Korea, Taiwan, Thailand, and Vietnam) Selected Pacific Basin Countries, Australia, People’s Republic of China, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, The Philippines, Singapore, South Korea, Taiwan, Thailand, Vietnam, Summary, References 13 DOING BUSINESS WITH......

Words: 229816 - Pages: 920

Premium Essay

How Capitalism Will Save Us

...competitors and where the cost of v i t a l products and services like health care and energy are almost beyond the reach of those who need them. Capitalism has also been blamed for a range of social i l l s — from air pollution to obesity. Not only have educated, successful people bought intp capitalism's bad Rap, but the Rap is taught in our schools. It has molded the t h i n k i n g and analyses of our most influential opinion leaders, writers, thinkers, and policy makers of both political parties. Long before the stock market meltdown, before A I G executives and automotive CEOs were being tarred and feathered by Congress, Democrats and Republicans alike regularly blamed "overpaid" executives and "Wall Street greed" for the problems ailing America's economy. Antibusiness bias has long been rampant at our top universities, where Marx occupies iconic stature, where free-market thinkers are seldom taught—and where careers in nonprofit sectors like academia or the arts are widely regarded as morally superior to those in "moneygrubbing" private industry. The Rap is pervasive in the entertainment industry. Scheming business executives are a favorite villain in the story lines of television and motion pictures—ranging from films like Erin Bvockovkh to TV programs like Dirty Sexy Money. Even some of capitalism's leading beneficiaries have bought into the Rap. Warren Buffett, number two on the 2009 annual Forbes list of world billionaires, has asserted that his wealth as the......

Words: 210110 - Pages: 841

Free Essay

Eqweqeqqe

...and everything, in a very ecologically sound way. Americans toss away a huge amount of meat. We also kind of slip it under the rug that people actually have to kill animals to eat them. Indeed, it may be shocking to many Americans to find out that their $1.99-a-pound chicken breast actually had to get its throat cut in a processing plant. So Americans are real shocked if they find out that the Hmong are doing it right in their own houses.” During the last decade, shocked Americans have responded to the ritual killings performed by devotees of other religions by 137/462 invoking legal sanctions. In Hialeah, Florida, animal rights activists and community leaders passed an anti-sacrifice ordinance in 1987 to prevent priests of the Afro-Cuban Santería faith from slaughtering animals, a practice one local resident said “blights the image of South Florida.” (The ban was overturned, but it took four years and a Supreme Court decision.) In Los Angeles, where followers of Santería and several other Hispanic sects were suspected of nailing cows’ tongues to trees and leaving entrails on sidewalks, an ordinance was passed in 1990 that made animal sacrifice punishable by a six-month prison term and a fine of up to $1,000. It is still on the books, though it is not currently being enforced. In Merced, almost every Hmong family I met sacrificed animals on a regular basis. In fact, a fourteen-year-old boy I knew, a member of the Moua clan, once complained that he hardly ever had......

Words: 134140 - Pages: 537

Premium Essay

Case Study

...westernized in my suit and tie, but once I go home I take them off end get back into the traditional kimono. The same is true of food. Although I eat western food quite often, I haven’t given up Japanese food. In effect, a layer of westernization has been added to the existing layers in the Japanese mind. In trying to make Japanese culture comprehensible to international society, Japanese scholars and intellectuals tend to emphasize Japan’s homogeneity with western cultures—just as the Rolumeikan party-goers did. But it is misleading to extend western terms to the underlying principles that unify, organize, and actually operate science, technology, industry and the economy. Japan’s culture may be in many of its forms similar to Europe’s and America’s, but in nature and spirit it is very different. The cultural legacy of the samurai and the han system lives in many areas of Japan’s economy. In the large industries of modern Japan, for example, the executives are the lords or samurai of modem hans. In fact, some of the titles for officials such as juyaku and torishimariyaku from the days of the han system are still in use in today’s companies. The relationship between the samurai and his han was one of hereditary employment, as a general rule. Employment in modern Japanese companies is no longer hereditary but it is in general lifetime. Just as the relationship between the samurai and his han was marked by a deep loyalty, the same spirit continues today in Japanese......

Words: 50890 - Pages: 204