Article: The controversy over Title III of the Helms-Burton Act: Who is breaking international law--the United States, or the states that have made themselves co-conspirators with Cuba in its unlawful confiscations?

BRICE M. CLAGETT*

Enactment of the Cuban Liberty and Democratic Solidarity Act (Helms-Burton Act or Act)' created a firestorm of controversy between the United States and many other nations, including its major trading partners.2 Title III of the legislation-as has become celebrated and, in some circles, notorious-creates a federal cause of action, on behalf of U.S. citizens whose property was confiscated without compensation by Cuba, against those who "traffic" in that property.3 Several governments-notably Canada, Mexico, and members of the European Union, whose corporate citizens are the principal traffickers-have denounced the legislation as an exercise of "extraterritorial" ...

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