Ius Gentium

University of Baltimore School of Law's Center for International and Comparative Law Fellows discuss international and comparative legal issues

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The Two Systems – Economic vs. Moral Rights

Daniel Huchla

The Law of Intellectual Property plays a valuable role in most if not all domestic legal systems.  The drafters of the United States Constitution were so cognizant of the value of this right that a congressional empowerment clause was designated specifically for Intellectual Property, more commonly known as the Copyrights Clause.[i]  Efforts toward the harmonization of intellectual property rights on an international scale have drawn into question two distinct approaches to copyrights, the protection of economic rights, and the protection of moral rights. In its history, the United States has viewed copyrights from an economic perspective. Whereas European nations are more likely to construct copyrights as moral rights. These differing perspectives might be illustrative while considering the pending litigation surrounding the commercialization of the writings of J.R.R. Tolkien.

huchla_blog3_photo1Cover art for editions of novels written by J.R.R. Tolkien and published by Houghton Mifflin in 1999.[ii]

The film adaptation of The Lord of the Rings Trilogy was a massive commercial success which received massive critical acclaim.[iii] This film lead to its own set of disputes over the sharing of profits between the filmmakers and the Tolkien estate. With the success, it was foreseeable that Warner Bros. would want to acquire rights to The Hobbit as well.[iv] A contract was signed, and three films were adapted from the novel. Although The Hobbit films were slightly less successful or acclaimed, this was not the cause for dispute between the Fourth Age, Ltd. (the corporate form of the Tolkien Estate) and Warner Bros. The lawsuit arose from the attempt to commercialize/market the films through the development of Lord of the Rings/ The Hobbit themed casino games.[v]

Under the United States economic rights approach, copyrights are designed to provide the incentives for authors to create. From this approach, an author’s interest is in the exclusivity of the economic exploitation of their work. Generally, from this approach once a copyright is licensed through contract, the author’s interest in the intellectual property is limited by the terms of the contract. Depending on the terms of the contract surrounding the marketing of the film, under a purely economic construction of copyright, Warner Bros. might be entitled to relief under contract law.[vii]

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Image of U.S and U.K flags superimposed.[vi]

Under the European moral rights approach, copyrights are viewed from a perspective beyond pure economics due to a belief that there is an “intimate bond between authors and their works.”[viii]  Under this theory works are viewed as an extension of the individual. Accordingly, countries that subscribe to this construction of copyrights such as France, Germany, and the United Kingdom provide additional protections to authors. Among these protections are a right to ensure the integrity of a work.[ix] The right to ensure the integrity of a work is a separate right from the commercial copyright and accordingly would not be waived while licensing the copyright. This right would likely enable the Tolkien Estates to contest the marketing of the film adaptations through the creation of casino games.

Moral rights are acknowledged under International Law through the Berne Convention and Trade Related Aspects of Intellectual Property (TRIPS) agreement.[x] Article 6bis of the Berne Convention provides:

(1) Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation. [xi]

The United States, while ratifying Berne, believed  that these obligations were sufficiently met by domestic law without further action.[xii]  This claim does have some basis in the findings of the Second Circuit in Gilliam v. American Broadcasting Companies, Inc..[xiii]  In this case, there was a dispute about the abuse of editorial discretion under a license agreement with the BBC to bring Monty Python’s Flying Circus to the United States.[xiv] The court protected the claims of integrity on behalf of members of Monty Python under the Lanham Act, 15 U.S.C. § 1125.[xv] Though the application of the Lanham Act in this fashion has been questioned. Accordingly, it is uncertain just how the District Court might interpret the moral rights of the Tolkien Estate, creating unclear bargaining position for any potential settlement.

Despite this rather contentious dispute between Warner Bros. and the Tolkien Estate, this has not stemmed interest in the development of additional films set in Middle-Earth. Fans of the novels and films alike have speculated about the possibility of adapting another of Tolkien’s beloved novels, “The Silmarillion.”[xvi]  Perhaps the Silmarillion will make it to the silver screen, but that will depend upon the resolution of the current litigation between Warner Bros. and the Tolkien Estate.  However, if moral rights were more clearly accepted in the United States, “The Silmarillion” might be more likely to become the next blockbuster film.

Daniel Huchla is a third year law student at the University of Baltimore and a graduate of Miami University with a Bachelor of Music. During his undergraduate studies, he performed in an International Opera Festival located in Brazil. He also serves as Associate Managing Editor for the University of Baltimore Law Review. Areas of interest include Administrative Law, International Humanitarian Law, International Criminal Law, and National Security Law. He is currently a Law Clerk with the Law Offices of McCabe, Weisberg & Conway.

[i] U.S. Const. art. I, § 8, cl. 8.

[ii] https://theliteraryomnivore.wordpress.com/2011/03/20/the-sunday-salon-out-of-print-and-current-us-editions-of-the-lord-of-the-rings/.

[iii] http://www.the-numbers.com/movies/franchise/Peter-Jacksons-Lord-of-the-Rings#tab=summary; http://www.theonering.net/torwp/2004/03/03/24877-complete-list-of-trilogy-oscar-nominations-wins-2/.

[iv] http://www.hollywoodreporter.com/thr-esq/warner-bros-claims-tolkien-estate-428390

[v] http://www.hollywoodreporter.com/thr-esq/tolkien-estate-sues-warner-bros-393212; see Fourth Age Ltd. v. Warner Bros. Digital Distribution Inc., 2013 WL 11316952 (2013); see also http://www.casinocenter.com/hobbit-quest/.

[vi] http://expatessentials.net/education-us-v-uk-education-systems/.

[vii] http://www.hollywoodreporter.com/thr-esq/tolkien-estate-sues-warner-bros-393212

[viii] Cyrill P. Rigamonti, Deconstructing Moral Rights, 47 Harv. Int’ L. J. 353 (2006).

[ix] Id.

[x] Berne Convention, https://www.law.cornell.edu/treaties/berne/overview.html.

[xi] https://www.law.cornell.edu/treaties/berne/6bis.html.

[xii] Edward J. Damich, Moral Rights in the United States and Article 6bis of the Berne Convention: A Comment on the Preliminary Report of the Ad Hoc Working Group on U.S. Adherence to the Bern Convention, 10 Colum.-VLA J. L. & Arts 655 (1985).

[xiii] 538 F. 2d 14 (2nd Cir. 1976).

[xiv] Id. at 23.

[xv] Id. at 24.

[xvi] See e.g. http://www.tolkienlibrary.com/press/1180-on-the-possibility-of-a-silmarillion-movie.php.

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The 21st Century and Witchcraft; A Human Rights Disaster from a Bygone Age

Alexander Ayer
Witchcraft. The very word congers up a myriad of different images, thoughts, and ideas. From popular fiction series about children learning spells to the older fairy tales of the Brothers Grimm, our culture is inundated with tales of magic and those who practice it. However, there was a time in the past when people lived in fear of those they believed possessed malevolent powers. Most people in America today see the idea of witches as the realm of pure fantasy. Further, the days of people accusing each other of actually being witches, and carry out hunts to purge these perceived threats have surely long past. This must have been the product of a darker and more ignorant time in human history.

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Well, witch trials are not just the product of a bygone era where angry mobs dragged oddly hatted women into the center of town claiming she turned someone into a newt. More than 2,000 people have been killed in witch hunts between 2000 and 2015 in India alone.[1] Even more troubling, the practice of witch burning has surfaced in both Asian and African nations.[2]
The Problem
This problem has manifested in several countries around the world, particularly in central and south-east Asia, as well as sub-Saharan Africa. However, this post will be restricted primarily to India, because there has been some fairly reliable reporting on the frequency of these allegations as well as some recent developments.

Troublingly, just as in the darker days of old, witchcraft allegations are primarily aimed at the most vulnerable in a society; women, the old, the young, the disabled, and those who are too different.[3] Women, just as in the days of Europe’s witch hunts, are particularly vulnerable to these accusations due to ingrained social views in more rural and isolated areas.[4] Of the approximately 2000 people killed in India in recent years most have been women.[5] One particular trend aimed at landed women has been using witchcraft allegations to seize property. Land-owning women are accused of witchcraft, and then firewood for a pyre is gathered in view of their homes. The older women who are usually the targets of these scheme will then flee and their land will be seized.[6]

However, witchcraft allegations are not always used as a thinly veiled cover for privet gain. There are people who genuinely believe in witchcraft and its potential for harm.[7] Worse, there are people who are accused of witchcraft who come to believe it themselves. Some individuals think that they are possessed by evil spirits, or are under the sway of demons and thus might be capable of inflicting magical harm on their neighbors even if they don’t understand how.[8]

Fear and lack of knowledge seems to be the fuel that causes witch frenzies to burn the brightest. Many communities which have seen a rise in witch hunts lack sufficient medical care and education.[9] When confronted with deadly and infectious deceases or other misfortunes many of these communities have turned on each other and blame the already weak or disenfranchised.[10] However, witchcraft has been blamed for other problems as well, including cancer, the death or a child or other family member, or a poor harvest.[11]

Accused witches can face a number of problems. Once branded a witch an individual may be shunned, beaten, banished, beheaded, or even burned alive.[12] These trials and hunts are notoriously lacking in due process. In one incident in 2014, an Indian athlete attended a village meeting after the deaths of four village members, once there she was accused of witchcraft, trapped with a net, and beaten until she lost consciousness.[13] In some cases treatment may even rise to the level of torture; where in addition to suffering severe physical harm, accused individuals may be forced to consume poisonous liquids, animal blood, or human waste.[14]

Just How Bad Is It?
It has been hard for authorities to get a sense of how wide spread the problem has become. Apart from incidents going unreported or being reported as something else, one particular issue has been the fact that most incidents have been occurring in rural or isolated areas.[15] However, the UN estimates that the number could be as high as the tens of thousands killed, and millions harmed in other ways worldwide.[16] Further, just because most of these incidents have occurred in more remote areas, some have not. The U.N. Human Rights Council has been receiving reports from neighboring Nepal that witchcraft allegations are spreading to more developed areas.[17]

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How Did I Not Know This Was Happening!
One of the major difficulties is the unwillingness of some countries to acknowledge these witch hunts are even happening. UN officials have been pushing various governments to acknowledge and address the problem, but there has only been moderate successes thus far.[18] Many governments and local authorities have traditionally been reluctant to intervene, viewing most of it as cultural in nature and thus not wanting to get involved. In other cases, authorities simply lack the resources to fight the poverty and lack of knowledge that spreads much of the witch hunt zeal.[19]

Is There Hope?
Hope does endure. This problem has been defeated before. Witch hunts where far more common in Europe during the 16th century and even occurred in America for a time during the 17th century. They ended, and witch hunts around the world can end as well.

Ignorance and fear are the cause, and poverty is an exacerbating problem. These are factors which can be addressed. South Africa has done as much, stemming a witch hunt pattern in their country by launching an education program about the scientific and medical causes of many diseases such as HIV and AIDS.[20]  South Africa has also begun holding tribal leaders responsible by warning that, if a person is accused and is killed for witchcraft, the South African authorities would get involved and my hold the leaders themselves responsible.[21]

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Action has begun to take place in India as well. In the Indian state of Assam, where witch hunts have been a serious problem, a law was passed in recent years banning witchcraft accusations and making such accusations punishable with possible imprisonment.[22] In The five years between 2001 and 2006 Indian police authorities believe that approximately 300 people were killed in witch hunts in Assam, now advocates are hoping the law will help end this nightmare.[23]

The UN is still determined to get countries to acknowledge and address witch hunting practices. The U.N. High Commissioner of Human Rights stated in relation to witch trials in Liberia that “… human rights obligations must take precedence over any local practices considered to be ‘cultural’ or ‘traditional’ where such practices are incompatible with human rights principles.”[24]

My Thoughts
I think this is a practice which can be beaten once and for all. It is not enough to simply go to these places and explain that the accused are not witches, this has been ineffective in the past.[25] The first step in solving this disaster is to acknowledge that it is happening. The UN has been trying to push more governments to publicly acknowledge that these events are happening in their boarders.[26]  I think this is where the solution has to start. It is hard to address a problem while simultaneously ignoring it.

South Africa’s policy of education is great idea. If people understand the scientific causes behind their misfortunes they are less likely to attack the vulnerable. There is genuine concern due to the spread of infectious disease, possible crop failures, and loosing loved ones. However, it is a lack of understanding which leads to people seeking their own answers by turning on their neighbors. Let us use knowledge to kill ignorance.

There must also be more social help for the accused. The accused must feel as though going to the authorities will help them, and that means the authorities must be willing to get involved to end this heinous practice. India’s law, providing some legal protection for the accused by making it illegal to openly carry out witch trials, is an excellent way to start. Further medical support and economic development would probably also help these already stressed communities from descending down the dark road of the witch hunt.

This human rights nightmare can be ended. We know what it will take, and we have existing models to work from, both from history and the present day. We have ended this scourge before, let us do so again.

Alexander Ayer  is a third year (3L) law student at the University of Baltimore School of Law. His undergraduate studies were completed at Hood College, where he majored in history and graduated cum laude in 2014. Alexander is expected to graduate from the University of Baltimore School of Law in the Spring of 2017. As part of his international law background he took part in a study abroad program at the University of Aberdeen School of Law in Scotland. Alexander is drawn to international law by the comparative approach of seeing how different societies solve similar problems in different ways, as well observing how history has effected the laws and policies of various nations, and the behaviors demonstrated by counties interacting with each other on the world stage. In addition to international law, Alexander is also interested in disability law and copyright law.

 

[1]http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0

[2] http://nationalgeographic.org/news/witch-trials-21st-century/

[3] http://www.reuters.com/article/us-religion-witchcraft-idUSTRE58M4Q820090923, http://nationalgeographic.org/news/witch-trials-21st-century/, & http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16904&LangID=E

[4] https://www.washingtonpost.com/news/morning-mix/wp/2014/07/21/thousands-of-women-accused-of-sorcery-tortured-and-executed-in-indian-witch-hunts/

[5] http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0

[6] http://nationalgeographic.org/news/witch-trials-21st-century/

[7] http://www.bbc.com/news/world-asia-india-35975360 & http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0

[8] http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0, http://www.bbc.com/news/world-asia-india-35975360, http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0

[9] http://nationalgeographic.org/news/witch-trials-21st-century/

[10] http://www.bbc.com/news/world-asia-india-35975360

[11] http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0 & https://www.washingtonpost.com/news/morning-mix/wp/2014/07/21/thousands-of-women-accused-of-sorcery-tortured-and-executed-in-indian-witch-hunts/

[12] http://www.bbc.com/news/world-asia-india-29655662

[13] http://www.bbc.co.uk/news/world-asia-india-29655662

[14] https://www.washingtonpost.com/news/morning-mix/wp/2014/07/21/thousands-of-women-accused-of-sorcery-tortured-and-executed-in-indian-witch-hunts/

[15] https://www.washingtonpost.com/news/morning-mix/wp/2014/07/21/thousands-of-women-accused-of-sorcery-tortured-and-executed-in-indian-witch-hunts/

[16] http://www.reuters.com/article/us-religion-witchcraft-idUSTRE58M4Q820090923

[17] http://www.reuters.com/article/us-religion-witchcraft-idUSTRE58M4Q820090923

[18] http://www.reuters.com/article/us-religion-witchcraft-idUSTRE58M4Q820090923

[19] http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16904&LangID=E & http://nationalgeographic.org/news/witch-trials-21st-century/

[20] http://nationalgeographic.org/news/witch-trials-21st-century/

[21] http://nationalgeographic.org/news/witch-trials-21st-century/

[22] http://www.nytimes.com/2016/02/25/world/asia/india-assam-state-witch-hunts.html?_r=0

[23] http://www.reuters.com/article/us-religion-witchcraft-idUSTRE58M4Q820090923

[24] http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16904&LangID=E

[25] http://nationalgeographic.org/news/witch-trials-21st-century/

[26] http://www.reuters.com/article/us-religion-witchcraft-idUSTRE58M4Q820090923

14 May 2008, Flagstaff, Arizona, USA --- A tour guide shows marijuana growing openly in a flower garden --- Image by © Michael Melford/National Geographic Society/Corbis


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Legalizing Marijuana- Jamaica’s New Big Man Ting

J. Michal Forbes

Some call it tamjee
Some call it the weed
Some call it marijuana
Some of them call it ganja

Never mind, got to legalize it
And don’t criticize it
Legalize it, yeah yeah
And I will advertise it [ii]

Nearly forty years after Peter Tosh sang about legalizing marijuana, Jamaica is finally embracing their reputations as the land of gangja.[iii] For years, travelers have flocked to Jamaica to enjoy sandy beaches, warm weather, and smoke marijuana. However, many travelers do not know that possession of marijuana in Jamaica was illegal until late last year.

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Peter Tosh, Jamaican reggae musician

In 2015, Jamaican lawmakers passed an act to both decriminalize small amounts of marijuana and to establish an agency to regulate lawful medical marijuana use on the island.[iv] Due to its location and untampered natural resources, Jamaica is currently the largest Caribbean supplier of marijuana to the United States and the surrounding Caribbean islands.[v]   Marijuana and cocaine are regularly trafficked from and through Jamaica into other Caribbean nations, the United States, Canada, and the United Kingdom. There have been numerous unsuccessful policies implemented in both the US and Jamaica attempting to prohibit the transportation of marijuana into the United States.

However, because numerous states in the United States and Canada are softening laws on marijuana, Jamaica is hoping this will be a chance to bolster Jamaica’s international trade and provide job opportunities to rural farmers throughout the country. This could prove to be a lucrative industry for these farmers, especially since Jamaica’s poverty rate remains high. Since the 1980s, Jamaica has experienced serious problems with both poverty and a high unemployment rate. The unemployment rate in Jamaica is currently around 15% and the poverty rate is roughly 16.5%, the highest it’s been since 1997.[vi]

A tour guide shows marijuana growing openly in a flower garden

Jamaica’s consistently high poverty and employments rate is due largely in part to the country’s slow economic growth. In the past 30 years, Jamaica’s annual GDP growth rate has been less than one percent, making Jamaica one of the slowest growing developing countries in the world.[vii] Jamaica has been looking for a “niche” export to both remedy its slow economic growth and provide sustainable long term employment opportunities. While Jamaica’s Ministry of Industry, Investment and Commerce are excited about the many opportunities for Jamaica to become a standout country in a regulated and legal marijuana industry, the United States is not so please with the change.[viii]

How will Jamaica’s attempt to enter the international medical marijuana industry affect Jamaica’s current trade relationships? With marijuana being embraced by the Jamaican government, many wonder if this means marijuana could potentially be traded to the US. Currently the top exports from Jamaica are Aluminum Oxide, Hard Liquor and Raw Sugar. The top export destinations are the United States, United Kingdom, and Canada, all of which ban marijuana nationally.

When initially asked his reaction to the new marijuana laws in Jamaica, William Brownfield, the US assistant secretary for counter-narcotics affair said “Jamaican law is of course Jamaica’s own business and Jamaica’s sovereign decision”. However, he did emphasize that the traffic of marijuana into the US remains illegal.

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Though decriminalized in a number of U.S. states, Congress has still held that marijuana is a dangerous drug and the illegal distribution and sale of marijuana is a felony punishable under the Controlled Substances Act of the United States.[ix] In addition, the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, which mandates that nations limits the production, trade, use and possession of drugs is still law and strictly prohibits marijuana.[x]  With whispers of the Canadian Government taking steps towards legalizing marijuana and the United States government receiving pressure to do the same, it is possible that there could be major upcoming changes to the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which is almost 30 years old.[xi] It is possible that Convention will be marijuana will be amended to remove marijuana from the list of prohibited drugs since its use is becoming widely accepted, for both medical and recreational use, in numerous countries around the globe.

In the meantime, Jamaica can revel in the fact that this new marijuana legislation could bolster its tourism industry, as well as its economy as a whole. There are truly big man tings coming.

J. Michal Forbes is a proud native of Prince George’s County, Maryland, Ms. Forbes has a fiery passion for international law, travel and frozen yogurt. After receiving her B.A. in Political Science from the University of Maryland, Baltimore she taught ESOL in the Washington, D.C. Metropolitan area before joining the US Peace Corps in 2011. Ms. Forbes served in the Peace Corps in Ukraine from 2011 to 2013, in a small town between the Red Sea and the Black Sea in Crimea. Fluent in Russian, Ms. Forbes soon caught the travel bug and traveled/worked extensively throughout Eastern Europe during her 27 month commitment. Currently a 3L, Ms. Forbes is a member of the International Law Society, Immigration Law Society, Black Law Student Association and the Women Lawyers as Leaders Initiative. She has worked for Maryland Legal Aid and the NAACP’s Office of the Attorney General. She was recently awarded the honor of being named Article Editor with the University of Baltimore Law Forum, a scholarly legal journal focused on rising issues in Maryland. It is her dream to work for the U.S. government assisting with asylum seekers and refugee. In her free time, Ms. Forbes enjoys eating frozen yogurt with her husband and learning Arabic.

[i] Big Man Ting is Jamaican Patois Slang referring to a situation that is serious adult business

[ii] Lyrics from Peter Tosh- Legalize It, http://www.metrolyrics.com/legalize-it-lyrics-peter-tosh.html

[iii] Peter Tosh- Legalize It, available at https://www.youtube.com/watch?v=ABc8ciT5QLs

[iv] Jamaica decriminalises marijuana, https://www.theguardian.com/world/2015/feb/25/jamaica-decriminalises-marijuana.

[v] U.S. Department of State Country Report: Jamaica, http://www.state.gov/j/inl/rls/nrcrpt/2016/vol1/253277.htm.

[vi] Jamaica’s Unemployment Rate, http://www.tradingeconomics.com/jamaica/unemployment-rate

[vii] The World Bank: Jamaica, http://www.worldbank.org/en/country/jamaica/overview

[viii] Jamaica Could Stand Out in Ganga Industry- Minister Hylton, http://jis.gov.jm/jamaica-could-stand-out-in-ganja-industry-minister-hylton/

[ix] Marijuana Reserouce Center: State Laws Related to Marijuana, https://www.whitehouse.gov/ondcp/state-laws-related-to-marijuana.

[x] The International Drug Control Conventions  available at https://www.unodc.org/documents/commissions/CND/Int_Drug_Control_Conventions/Ebook/The_International_Drug_Control_Conventions_E.pdf.

[xi] Marijuana legalization in Canada: What we know and don’t know, http://www.cbc.ca/news/politics/marijuana-legislation-knowns-unknowns-1.3660258; Marijuana Legalization: Could 2016 Be The Year Federal Law Derails The Cannabis Movement, http://www.ibtimes.com/marijuana-legalization-could-2016-be-year-federal-law-derails-cannabis-movement-2258515.

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Ireland and Poland: Two Catholic Nations, Two Views on Abortion

Jasmine Pope

“No woman can call herself free who does not control her own body.”
– Margaret Sanger

Ireland and Poland are both predominately Catholic nations and the Catholic Church views abortion as a grave sin. It is no wonder, therefore, that, the issue of abortion has been at the forefront of these two countries’ political agendas recently. Irish and Polish men and women alike have gathered on either side of the debate: pro-choice or pro-life.

The Situation in Ireland      

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On September 7, 1983, by a vote of sixty-seven percent to thirty-three percent, Ireland amended its Constitution to include what is referred to as the Eighth Amendment. Ireland’s Eighth Amendment, “acknowledge[s] the right to life of the unborn and, with due regard to the equal right to life of the mother, guarantees in its laws to respect, and as far as practicable, but its laws to defend and vindicate that right.”[i] While the Eighth Amendment does not specifically mention the word abortion, the Amendment essentially criminalizes abortion, under any and all circumstances. While there are other countries that mention the right to life in their Constitution, Ireland’s goes so far as to “give the unborn an equal right to life with a conscious, sentient, thinking, feeling woman.”[ii]

The Situation in Poland

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Poland, also a predominately Catholic nation voted not to back a total abortion ban. Thousands of women and men protested in the streets of Warsaw against a legislative proposal for a total ban on abortion.[iii] The proposed legislation would have implemented a ban, even in instances of rape, incest, and when the mother’s life was at risk.[iv] The Minister of Science and Higher Education, Jaroslaw Gowin, states that the protests “have caused us to think and taught us humility.”[v] This is not to say that Poland is completely pro-choice on abortion. Many Polish women end up seeking abortions in Germany or other neighboring European countries because Poland only allows for abortion in the narrow instances previously mentioned. But Poland, unlike Ireland, does not seek to constitutionally implement a total ban on abortion. However, the proposed law would make abortion a criminal offense with a prison term for both the doctor and the woman.[vi]

International law implications?

Ireland and Poland are both parties to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Article 12, the Right to Health, of CEDAW states that “States parties shall take all appropriate measures to eliminate discrimination against women in the field of health care … States Parties shall ensure to women appropriate services in connection with pregnancy…”[vii] Ireland and Poland are both parties to the European Convention of Human Rights (ECHR). Within the ECHR there is the Right to Life (Article 2) and the Right to Respect for Private and Family Life (Article 8). Article 8 states that “there shall be no interference by a public authority with the exercise of this right.”[viii] Therefore, in light of the purposes of CEDAW and ECHR, does Ireland and/or Poland’s abortion laws violate their international law obligations under these conventions?

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Meanwhile Poland, has banned abortion except in instances of rape, incest, or where the mother’s life is threatened, and only within the first 12 weeks of pregnancy.[ix] Even so, Poland’s restrictive abortion law requires that two doctors must approve the procedure, which of course, many doctors have declined to do. Ireland and Poland’s regulations on abortion are among the strictest in the world.

Social Media and Grassroots Movements

Times are changing, whether we like it or not. As a result, many movements, either pro-choice or pro-life, have sprung into existence. One particularly interesting movement is Ireland’s Repeal The 8th movement.[x] The movement uses social platforms such as Twitter via the hashtag “#repealthe8th” to spread awareness and to find support beyond Ireland’s borders.

There are petitions and organizations alike, all focused on one thing: repealing the 8th Amendment.[xi] Dublin has become a city ripe with demonstrations from both sides of the aisle on this issue. One protester stated that, “it’s a woman’s right to choose and it is ridiculous to say that anybody else, the state or the church, has [the] right to tell that woman what happens to her body.”[xii] LifeNews has referred to the Eighth Amendment as, “a beacon of human rights protection internationally as it provides legal protection to both unborn babies and their mothers.”[xiii] The Artists’ Campaign to Repeal the Eighth Amendment stated that “the resulting physical and emotional trauma inflicted on women is inexcusable and an ongoing cause of shame for Irish citizens.”[xiv]  The Artists’ Campaign to Repeal the Eighth Amendment also noted that the Eighth Amendment “is a key source of Ireland’s failure to reach international human rights standards and of the State’s failure to meet its obligations to vindicate women’s human rights.”[xv]

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Conversely, in Poland, pro-life foundations and the Ordo Iuris legal institute pushed for a new bill which would make abortion illegal in all circumstances.[xvi] The Catholic Church in Poland supported this initiative, which would also punish any doctor that performed an abortion with a jail term of up to five years.[xvii] This is not the first time that a complete and total ban on abortion has come up in Poland. In 2011, 2013, and 2015, the Polish Parliament debated and rejected the exact abortion ban advocated for by pro-life foundations.[xviii]

What does this all mean?

Women’s rights are human rights. A woman’s right to choose is just that, a woman’s right to choose. Supreme Court Justice Ruth Bader Ginsburg stated that “the emphasis must not be on the right to abortion but on the right to privacy and reproductive control.  As many have said over the years, pro-choice does not mean pro-abortion.[xix] This debate is not simply about religion and moral beliefs, this debate boils down to a basic right of choice. Women should be able to have the choice of having or not having an abortion. This is an issue that everyone should be concerned about. Everyone is entitled to live their life as he or she sees fit, and it is not up to the rest of the world to judge them based on the decisions that they make. But it is up to us to treat each and every person with kindness and respect, and to allow women to make decisions for themselves.

Jasmine Pope is a second year law student at the University of Baltimore. She graduated from Towson University in 2015 with a Bachelor of Science in Political Science, with a minor in History. Jasmine is extremely interested in and passionate about international human rights, particular the rights of women and children. She also participated in the Summer Study Abroad Program in Aberdeen, Scotland. She has also studied abroad in Benalmádena, Spain. Currently, she serves as the Secretary for the International Law Society. Jasmine is currently a member of the Inter-American Human Rights Moot Court Team. Jasmine is also a Staff Editor for the Journal of International Law and works for the Law Office of Hayley Tamburello.

[i] http://www.repealeight.ie/.

[ii] https://www.ifpa.ie/Hot-Topics/Abortion/Abortion-and-the-Irish-Constitution.

[iii] https://www.washingtonpost.com/world/europe/after-mass-protests-poland-govt-wont-back-abortion-ban/2016/10/05/6df9449a-8af1-11e6-8cdc-4fbb1973b506_story.html.

[iv] https://www.washingtonpost.com/world/europe/after-mass-protests-poland-govt-wont-back-abortion-ban/2016/10/05/6df9449a-8af1-11e6-8cdc-4fbb1973b506_story.html.

[v] https://www.washingtonpost.com/world/europe/after-mass-protests-poland-govt-wont-back-abortion-ban/2016/10/05/6df9449a-8af1-11e6-8cdc-4fbb1973b506_story.html.

[vi] http://www.cbc.ca/news/world/poland-abortion-law-1.3789335.

[vii] Convention on the Elimination of All Forms of Discrimination against Women, art. 12, http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm#article12.

[viii] http://www.echr.coe.int/Documents/Convention_ENG.pdf.

[ix] https://www.washingtonpost.com/news/monkey-cage/wp/2016/04/18/why-would-poland-make-its-already-strict-abortion-law-draconian/.

[x] http://www.repeal.ie/, http://www.repealeight.ie/.

[xi] http://www.abortionrightscampaign.ie/repealthe8th/.

[xii] http://www.reuters.com/article/us-ireland-abortion-idUSKCN11U0J2.

[xiii] http://www.lifenews.com/2016/07/27/tax-funded-pro-abortion-mural-calling-for-repeal-of-8th-amendment-is-removed/.

[xiv] http://www.irishtimes.com/news/social-affairs/leading-irish-artists-call-for-repeal-of-8th-amendment-1.2352493.

[xv] http://www.irishtimes.com/news/social-affairs/leading-irish-artists-call-for-repeal-of-8th-amendment-1.2352493.

[xvi] https://www.washingtonpost.com/news/monkey-cage/wp/2016/04/18/why-would-poland-make-its-already-strict-abortion-law-draconian/.

[xvii] https://www.washingtonpost.com/news/monkey-cage/wp/2016/04/18/why-would-poland-make-its-already-strict-abortion-law-draconian/.

[xviii] https://www.washingtonpost.com/news/monkey-cage/wp/2016/04/18/why-would-poland-make-its-already-strict-abortion-law-draconian/.

[xix] http://www.pewforum.org/2008/09/30/pro-choice-does-not-mean-pro-abortion-an-argument-for-abortion-rights-featuring-the-rev-carlton-veazey/.

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Further Brexit Complications: On Patents

John Rizos

Milan: home of fashion, of a historic soccer rivalry, and of… intellectual property protection? Well, of course! Milan is a center of life science innovators and international property expertise[1]. The Milanese Court manages most of Italy’s patent litigation and hosts the majority of Italy’s intellectual property practitioners[2].

In response to the Brexit vote,  the Italian Trade Body in Milan (L’Ordine dei Consulenti in Proprietà Industriale) wants to replace the Court of First Instance in London, which handles claims related to pharmaceutical patents, since the court would apply EU law and Court of Justice of European Union (CJEU) rulings.  The UK Intellectual Patent Office (UKIPO), however, stated that it will preserve and implement EU regulations and abide by them as signatory to the Unified Patent Court Agreement (UPCA)[3]. The UK was historically one of the main supporters of the unified patents, had lobbied extensively to host the court in London, and had worked in advance in preparation for the system[4].

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Intellectual property protection is a huge factor in the EU’s goal of harmonizing domestic laws, mainly achieved by removal of technical obstacles and implementation of directives[5]. Recently, the focus has been on harmonizing the intellectual property industry, especially patents[6]. The European Patent Convention (EPO) was signed in agreement in 1973[7], independent from the EU, comprised of EU and non-EU members. In 2013, 25 EPO States signed the Unified Patent Court Agreement (UPCA). It aims to establish the Unified Patent Court (UPC)[8] and a system of uniform patent protection throughout EPO States on new patents from any other EPO State[9]. Although it is independent from the EU, it comprises mostly EU law and can only be ratified by EU members[10]. The UPC will centralize disputes[11] through a main court in Paris with jurisdiction over legal disputes regarding patents, and two courts with jurisdiction over patents with specialized subject matter; one in Munich for engineering issues and one in London for disputes in pharmaceuticals and life sciences[12].

UK patent laws are formed by a mixture of domestic and EU laws, as many have been enacted in response to treaties and European cooperation. The UK’s ratification will not have an effect on its domestic laws, since it already includes EU law and is a signatory of the EPO. The organization will carry out the patent process as scheduled[13].The current UK patent system is governed by the Patents Act of 1977[14]. This act was framed to comply with the terms of international agreements, mainly the Cooperative Patent Classification (CPC), which although was never ratified by the EU, it was created by its predecessor, the EEC, pursuant to which the UK aligned its patent infringement provisions.[15] UK patent law is within the EU legislative framework in the areas of competition law defenses and relief for infringement for intellectual property[16]. UK supplemental protection certificates, a form of intellectual property protection which compensates for a period between filing and granting of a patent application for pharmaceuticals, is also governed by legislation implemented pursuant to EU regulation[17]. Additionally, the UK is expected to be an EU member until at least 2019[18]. During this period, the country will operate under a transitional framework pursuant to EU legislation. The government has stated that it will keep implementing EU directives and that the courts will continue to interpret EU law[19].

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In the case of an actual Brexit, the UK will likely ratify the court through the transitional framework of an EU exit or will lose its ratification vote and the UPC will be established through the very likely ratification of the rest of the EU. Even if the UK does not ratify the UPC, its patent law will be heavily influenced by EU law and it will remain an EPO member. If the UK does ratify the new court system, it would entwine UK law even closer to EU law by granting the court jurisdiction to resolve patent disputes covering EU members that have chosen to participate in the system[20]. In the case of Brexit, there would be no fundamental reason for the UK not to participate, but its participation would have to be secured by separate agreements with other countries. Since the agreements would have to be done with EU members, the UK government would have to implement laws to ensure compliance with EU laws[21]. The UK will likely consider three agreements: It remains a European Economic Area (EEA) member, it joins the European Free Trade Agreement (EFTA), or it maintains a trade partnership with the EU[22].

First, if it remains part of the EEA, court references will be made to EFTA courts and not the CJEU. However, EFTA functions to ensure uniform interpretation of EU law and the EEA has adopted EU intellectual property regulation regarding medicinal and plant protection products[23]. That may not seem important, but patent protection on medicinal products serve as “life blood” of the pharmaceutical industry, which generates 10% of the UK’s GDP, employs 100,000 people, and allows the UK to host clinical trial markets, foreign companies[24], and European medicinal organizations[25]. Second, if the UK joins EFTA, some of the remaining EU legislation could be expected to apply, especially through the transitional framework[26]. Third, if the UK decides to just trade with the EU, it would operate pursuant to a bilateral trade agreement, making it subject to CJEU jurisdiction and to EU law implementation to prevent gaps in legislation and in judicial opinions. Historically, UK judges have been influenced by decisions from other European judges, meaning they will keep referencing to CJEU rulings[27].

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In conclusion, in the field of patent protection, the EU has ostensibly achieved its goal of unity through embedded values, from which the UK will find it hard to separate. Europe does not have to worry as Brexit will not adversely affect European patent protection or UK patent law. The UK will still be guided by EU law regardless of whether it leaves the Union.

John Rizos is a 3L at the University of Baltimore School of Law with a concentration in International Law. He has an interest in human rights and international criminal law. In addition to being a CICL Fellow, John has served as the Secretary for Phi Alpha Delta Law Fraternity and is currently enrolled in HarvardX’s online course, “Humanitarian Response to Conflict and Disaster.” In June 2016, John was a member of the CICL Fellows team that, under the supervision of Professor Moore, assisted in drafting an amicus brief to the Extraordinary Chambers in the Courts of Cambodia, which was later approved and published. John graduated with honors from Towson University with a BA in International Studies (2013). He has interned at the Press Office of the Greek Embassy in Washington, D.C. and the International Civil Advocacy Network (ICAN), a non-profit organization advocating for women’s rights in the Middle East.

[1] https://www.thelawyer.com/issues/online-october-2016/brexit-mean-end-unified-patent-court/

[2] Id.

[3] http://www.lexology.com/library/detail.aspx?g=06cd3962-2c1d-4e8f-9618-c63b784b0875

[4] http://arstechnica.co.uk/tech-policy/2016/09/brexit-eu-unitary-patent-plans-legal-analysis/

[5] http://www.europedia.moussis.eu/books/Book_2/3/6/02/1/?all=1

[6] http://www.europedia.moussis.eu/books/Book_2/3/6/02/1/?all=1

[7] https://www.epo.org/about-us/office/timeline.html

[8] https://www.unified-patent-court.org/

[9] https://www.ft.com/content/9199ea86-80c8-11e6-8e50-8ec15fb462f4

[10] https://www.thelawyer.com/issues/online-october-2016/brexit-mean-end-unified-patent-court/

[11] http://www.lexology.com/library/detail.aspx?g=06cd3962-2c1d-4e8f-9618-c63b784b0875

[12] https://www.ft.com/content/9199ea86-80c8-11e6-8e50-8ec15fb462f4

[13] https://www.ft.com/content/9199ea86-80c8-11e6-8e50-8ec15fb462f4

[14] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[15] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[16] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[17] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[18] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[19] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[20] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[21] http://arstechnica.co.uk/tech-policy/2016/09/brexit-eu-unitary-patent-plans-legal-analysis/

[22] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[23] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[24] http://www.lexology.com/library/detail.aspx?g=06cd3962-2c1d-4e8f-9618-c63b784b0875

[25] http://www.lexology.com/library/detail.aspx?g=06cd3962-2c1d-4e8f-9618-c63b784b0875

[26] http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

[27]http://www.lexology.com/library/detail.aspx?g=dd074ec3-2c21-486f-b33e-5c0af5512ae8

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Is this the end of the ICC? No.

Paul Gora

Gambia is the smallest country in Africa with a total population 1.2 million and 4,363 square miles, which makes it slightly less than twice the size of state of Delaware. The Republic of The Gambia signed the Rome Statute on December 4, 1998 and ratified it on June 28, 2002, making it the earliest African country to ratify the treaty. Forty-seven African states were present for the drafting of the Rome Statute in July, 1998. Many of these countries were members of a like–minded group that pushed for adoption of the final statute, with the majority of the 47 voting in favor of adoption, which indicates their involvement in the negotiation and set up of the International Criminal Court.  Among those nations, South Africa, Senegal, Lesotho, Malawi, and Tanzania participated heavily in the discussion as early as 1993 when the International Law Commission presented a draft ICC statute to UN GA for consideration.[1]

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In light of the arrest warrant issued for Sudanese president’s Omar Al Bashir by ICC, there have been an allegations from some Arab and African leaders, as well as certain public figures, organizations, and academia criticizing the ICC as being a Western tool, designed to subjugate leaders of African continent and advance an imperialist/neo-colonial agenda. On the face of it, these criticism can be seen as plausible. The reality, however, is that these criticisms are misplaced, biased, increase and support impunity on the continent.

The recent decision by Gambia to withdraw from the ICC will have a consequential impact on the Court’s future in Africa because countries   like Algeria, Angola, Cameroon, Egypt, etc. who have signed, but not ratified the Rome Statute, may decide to never ratify and even revoke their signature. Such a mass withdrawal from the Court hurts, primarily, victims in these African states, as it denies them justice.

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IS THIS THE END OF THE COURT? 

It is not. International criminal justice has always had its ups and downs, but this will not be the end of the ICC as we know it. According to Article 127 of the Rome Statute, parties are free to leave as they want. Of course, the withdrawal of few states may send a wrong message to international community about the ICC, but, in the end, the ICC is there for the victims, not the ones in power who decide to enter or leave.

WILL THERE BE MASS WITHDRAWAL?

Probably not. This move by Gambia and the two others may have opened a gateway for other countries, but it does not necessarily mean that many African countries will leave. For instance, Gabon last Month referred a case to the ICC after deadly unrest occurred in the nation over disputed election results.[2]

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IS AFRICA UNFAIRLY SINGLED OUT?

Of the current 10 full investigations, nine are underway in 8 African nations. The reasons for these investigations are easy to accept – The victims are in Africa.  The alleged crimes occurred in Africa. Theses situation have been referred to the ICC by the countries themselves or these situations have been referred by the United Nations Security Council under a Chapter VII resolution. [3] The spin that is put on these cases – that the ICC is targeting Africa – is false. Other situations in other parts of the world are also under investigation in the preliminary phase, including the Middle East, South America, and Europe.[4]

Time will tell. The arc of the moral universe is, after all, long, but it bends towards justice in the end.

Paul Obang Gora is an LL.M. student in the Law of the United States (LOTUS) program at UB Law. He has an LL.B. from the Ethiopian Civil Service College, Addis Ababa (2000) and a certificate for six-months’ training for judges and prosecutors. He served as an assistant prosecutor in Ethiopia from 2001-2003, but fled to Kenya because of political persecution. He was a community organizer in the refugee camps in Kenya and then served in the new South Sudan Ministry of Justice as legal counsel from 2008-12, prior to emigrating to the U.S. Paul is on the Elective Concentration Track, specializing in International Law, and working as an intern with the International Rescue Committee. 

 

[1] http://www.iccnow.org/?mod=icchistory

 

[2] https://www.icc-cpi.int/Pages/item.aspx?name=160929-otp-stat-gabon

 

[3] https://www.icc-cpi.int/pages/situations.aspx

 

[4] https://www.icc-cpi.int/pages/preliminary-examinations.aspx

 

 

 

 

 

 

Photo Credit: Nicholas Kamm/AFP/Getty Images (http://www.usnews.com/news/articles/2016-03-21/obama-castro-call-for-trade-embargo-on-cuba-to-be-lifted)


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Embargo-ing Going but Not Quite Gone: Smoke Begins to Dissipate Between Cuba and the U.S.

Margie Beltran

[I], John F. Kennedy, President of the United States of America, acting under the authority [of the] Foreign Assistance Act of 1961, as amended, do hereby proclaim an embargo upon trade between the United States and Cuba…of all goods of Cuban origin and all goods imported from of through [Cuba].”[1]

President John F. Kennedy, February 3, 1962, Proclamation 3447 – Embargo on All Trade with Cuba

And thus ended the free flow of the forbidden fruits that were Cuba’s earthy, intense cigars and premium rum.  To prevent supporting a communist-run country in the midst of the Cold War and months before the Cuban Missile Crisis, President John F. Kennedy announced the United States would put an indefinite halt on any trade with Cuba.[2]  The embargo against Cuba prevented Americans from bringing home the coveted cigars and alcohol, even if they were purchased in third countries.[3]

Fast forward about a half a century later to October 17, and the White House has released a directive to lift more sanctions against Cuba.[4]  Note the word sanctions.  The embargo has not been lifted in full.

In 2014, President Barack Obama announced that his administration would begin working to re-establish a diplomatic relationship with Cuba by changing travel and trade restrictions set forth in Proclamation 3447.[5]  On April 11, 2015, President Obama and President Raul Castro of Cuba met in there face to face.[6]  Both have joined efforts to normalize the long-standing negative relationship between the two countries.

In March 2016, Obama was the first U.S. president to visit Cuba in nearly 90 years.[7]  In a press conference following their meeting on the island, Obama announced that they were on a track to ending the embargo, but provided no projected date.[8]  Castro agreed with the projected outcome of ending the embargo because he believed it would help Cuba and the U.S. make more progress.[9]  The two leaders continue to hold vastly different views on human rights and political freedoms.[10]

However, following Obama’s announced intentions of mending the relationship, Congress denied to support his decision.  Congress members and other political leaders felt that this change in trade relations with Castro is not benefitting the U.S., but merely benefitting Cuba.[11]  They are concerned that merely lifting trade sanctions will not incentivize Castro to improve political freedoms and human rights for the citizens of Cuba.

Now, in the final three months of Obama’s presidency, he has been working to change the U.S. policy, which would allow trade and commerce to grow exponentially between the two countries.[12]  While this olive branch approach in which the U.S. was to change their policies in the areas of medical and scientific research, the Cuban citizens feel differently.[13]

 

According to Josefina Vidal, head of the U.S. Department at the Cuban Foreign Ministry while speaking at a rally held at the University of Havana, “Obama is finishing his term, but the blockade remains.”  Vidal explained during the rally, that while it is a nice attempt, the embargo has not been lifted.  The sanctions are easing the tension between the country’s; however, there is still a lot of limitation brought forth by the embargo.[14]

The Cuban people are under the belief that the island will not and cannot commit themselves in full to restoring diplomatic and normalized partnerships with the U.S. so long as the U.S. does upholds the embargo.[15]

It will be interesting upon the start of a new presidential term how the U.S. relationship with Cuba continues to develop, if it develops at all.  Both candidates have stated that they are in favor of developing diplomatic relationships with Cuba.

 

Democratic candidate, Hillary Clinton believes the U.S. should increase their influence of human rights policy on Cuba.[16]  She also stated that if Congress prevented her efforts, she would impose her executive authority to make it easier for the American people to visit the island and support small businesses in Cuba.[17]  GOP candidate, Donald Trump believes 50 years has been long enough for an embargo and supports Obama.[18]  This opinion strays from some of the other major influencers of the GOP such as Florida politicians, Senator Marco Rubio and Governor Jeb Bush.[19]  Senator Rubio referred to the diplomatic olive branch as “a lifeline for the Castro regime that will allow them to become more profitable…and allow them to become a more permanent fixture.”[20]

As one of the longest embargos in the world, it seems best the U.S. works towards a more amicable resolution and to eventually achieve their human rights goals around the world.  Based on the current candidate stances, the increased diplomatic relationship between the U.S. and Cuba will continue to grow.

Margery Beltran is a third year law student at the University of Baltimore School of Law (Candidate for J.D., May 2017).  She holds a Bachelor of Science in Family Science with a minor in Psychology from Towson University.  Her interests include mental health and disability law and international alternative dispute resolution. Margie currently serves as the Volume V Comments Editor for the University of Baltimore’s Journal of International Law. She participated in the 2016 Summer Abroad Program at the University of Aberdeen School of Law in Aberdeen, Scotland.  She is currently an intern in Washington D.C. for the U.S. Department of Health and Human Services, Alternative Dispute Resolution Division.

[1] http://www.presidency.ucsb.edu/ws/?pid=58824

[2] http://www.history.com/topics/cold-war/cold-war-history

[3] http://www.cnn.com/2016/10/14/americas/cuba-cigars-us-embargo-lifted/index.html

[4] http://money.cnn.com/2016/10/14/pf/cuban-cigar-rum-sanctions/index.html

[5] http://www.nytimes.com/interactive/2014/12/17/world/americas/cuba-sanctions.html

[6] Id.

[7] http://www.usnews.com/news/articles/2016-03-21/obama-castro-call-for-trade-embargo-on-cuba-to-be-lifted

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] http://latino.foxnews.com/latino/politics/2016/10/19/cuba-official-reaction-to-obama-easing-embargo-restrictions-protests/

[13] Id.

[14] Id.

[15] Id.

[16] https://www.hillaryclinton.com/post/remarks-miami-cuba-embargo/

[17] Id.

[18] http://www.cnn.com/2015/09/08/politics/donald-trump-cuba-diplomatic-opening/

[19] Id.

[20] Id.