Helms-Burton Act and the European Answer to its Extraterritorial Effects

DOI: https://doi.org/10.18543/ced-63-2020pp81-112
Keywords: Helms-Burton Act, application of Title III, European blocking statute, protection of EU operators

Abstract

The suspension of the application of Title III of the Helms-Burton Act has recently been lifted. This article aims to analyse this Law by referring, in particular, first to the aforementioned Title, and later to the first judgments given in disputes dealing with its application. In addition, in Spain an action has been brought for a parallel case to those covered by Title III of the Helms- Burton Act; in this regard, reasons why the Spanish Courts have declared their lack of international jurisdiction to know about the case are critically examined. Finally, the European Union’s blocking statute is analysed, designed to protect EU operators from US Secondary Sanctions. It is a legal instrument of limited effectiveness that protects assets situated on the European Union territory, but not those outside it. Similarly, the right to compensation for damages arising from US extraterritorial sanctions will often be restricted in practice.

Received: 20 April 2020
Accepted: 21 May 2020
Published online: 30 September 2020

Downloads

Download data is not yet available.

Author Biography

José Luis Iriarte Ángel, Public University of Navarra
Professor of Private International Law at the Public University of Navarra. Jean Monnet Chair of the EU. Of Counsel at Lupicinio International Law Firm. Among others, he has held the position of Vice-rector at his current University (2003-2007). During his training he has carried out various research stays at prestigious foreign centers (Harvard University, Swiss Institute for Comparative Law in Lausanne, Cambridge University, etc.). He has taught numerous courses and conferences on his specialization, in addition to Spain, at Universities and institutions in Cuba, Chile, Moldova, Colombia, Germany, Poland, Hungary, Japan, Brazil, United States of America, Ecuador, France, Venezuela, Nicaragua , Andorra, Italy, Mexico, Russia, Guatemala, Ukraine and Peru. Throughout his university career he has received various scholarships and grants financed with public and private funds. In this sense, he has participated in numerous research projects (European, national, autonomous and private entities), in several as principal investigator. His research have materialized in several books, including five monographs, as well as numerous commentaries on different legal texts —one of them, a commentary on the Civil Code in which he collaborates with the Magistrates of the 1st Chamber of the Supreme Court, and of which its 2nd edition has already been published—, and several dozen articles. Likewise, he is the scientific editor of four books. He is also the co-author of a compilation of legal texts on Private International Law, which is currently in its 17th edition. At present he works mainly in the field of internal conflicts of Laws, international sanctions, business and human rights and some figures in international contracting. His research activity has been positively evaluated with six six-year research periods from the national committee for the assessment of the research action (CNEAI).
Published
2020-09-30
How to Cite
Iriarte Ángel, José Luis. 2020. “Helms-Burton Act and the European Answer to Its Extraterritorial Effects”. Deusto Journal of European Studies, no. 63 (September), 81-112. https://doi.org/10.18543/ced-63-2020pp81-112.
Issue
No. 63 (2020): Business and Human Rights
Section
Articles

The author grants to the Publisher the distribution, public communication, and reproduction rights of her/his work subject of publication in Deusto Journal of European Studies (DJES), whichever the media may be, including the permission to include it in the databases where this Journal is indexed and in the institutional repository of the Universidad de Deusto.

Upon its publication, the content of any Issue of Deusto Journal of European Studies (DJES) can be accessed, read, downloaded, copies, and distributed freely for non-commercial purposes and in accordance with any applicable copyright legislation.

The content of Deusto Journal of European Studies (DJES) can be subsequently published in other media or journals, as long as the author clearly indicates in the first footnote that the work was published in Deusto Journal of European Studies (DJES) for the first time, indicating the Issue number, year, pages, and DOI (if applicable). Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.

The content of the work published in Deusto Journal of European Studies (DJES) is each author's sole responsibility. The authors assume the responsibility of obtaining all the necessary licenses for the reproduction in their manuscripts of any text, material or illustration coming from another author, institution or publication. The liabilities that may arise from complaints for publishing plagiarised articles are the sole responsibility of the author.