Extraterritorial legislation - the UK perspective
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Abstract
This paper explains the effect of US extraterritorial legislation on businesses and individuals in the United Kingdom with particular reference to Cuba. It identifies the measures taken by the UK Government to counteract the effects of extraterritorial legislation, both directly and through Britain’s, former, membership of the European Union. Examples are given to show the way in which extraterritorial legislation has affected Cuban citizens in the UK; British organisations with links to Cuba; and UK businesses who wish to trade with Cuba. This paper shows the means by which it was possible to counter the effects of extraterritorial legislation by using UK domestic law as well as political and popular pressure.
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References
Doctrinal sources
DAVIDSON, Nicholas, “US Secondary Sanctions: the UK and EU Response”, Stetson Law Review, volume XXVII, 1998.
UK statutory Instruments 1992, number 2449.
Foreign and Commonwealth Office statement, 11th July 1996, via the internet.
HILLYARD MICK & MILLER VAUGHN, “Cuba and the Helms-Burton Act”, Research Paper 98/114, House of Commons Library 14th December 1998.
UK House of Commons debate 15th November 1979.
Speech to the Caritag Conference on Helms-Burton legislation, 2nd May 1996.
UK House of Commons debate 5th May 1978.
Cuba Solidarity Campaign, website https://cuba-solidarity.org.uk/news
https://www.gov.uk/government/publications/overseas-business-risk-cuba/overseas-business-risk-cuba
Legal sources
UK legislation, Chapter 11.
UK statutory Instruments 1992, number 2449.
EC Council Regulation 2271/96.
UK Statutory Instruments 1996, number 3171.