Report on the resolution of outstanding property claims between Cuba & the United States

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Authors

Borchers, Patrick J.
Kelly, Michael J.
Witmer, Richard C.
Moreno, Erika
Pearlstein, Arthur

Issue Date

2007

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Book, Whole

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Research Projects

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Abstract

This report to USAID, in fulfillment of a federal grant, designs a model for the post-Castro resolution of property claims between the U.S. and Cuba. The model designs a bilateral tribunal to process claims by U.S. nationals against Cuba and a special Cuban claims court to process claims by U.S. nationals who were Cuban at the time of the taking, and whose claims are therefore covered by Cuban law. The report compares the proposed models to other international tribunals and domestic post-communist claims systems, analyzes FCSC files, and offers remedies in line with public and private international law norms as well as equitable concerns.

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Citation

Patrick J. Borchers, Michael J. Kelly, Richard C. Witmer, Erika Moreno, Arthur B. Pearlstein & James S. Wunsch, Report on the Resolution of Outstanding Property Claims Between Cuba & the United States (2007).

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Creighton University School of Law

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