Report on the Resolution of Outstanding Property Claims between Cuba and the United States

Final Report to USAID, Creighton University Press 2007

Posted: 23 Jun 2008

See all articles by Patrick Joseph Borchers

Patrick Joseph Borchers

Creighton University School of Law

Michael J. Kelly

Creighton University School of Law; American Bar Association, Business Law Section; American Society of International Law

Erika Moreno

Creighton University

Richard C. Witmer

Creighton University

James S. Wunsch

Creighton University

Arthur Pearlstein

affiliation not provided to SSRN

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.

Keywords: cuba, property, claims settlement, mediation, arbitration, uncitral, conflicts of law, usaid, creighton, international, havana, castro, miami, cuban-american, sugar mill, real property

JEL Classification: A12, A13, D23, D24, F02, F23, K11, K12, K33, N16

Suggested Citation

Borchers, Patrick Joseph and Kelly, Michael J. and Moreno, Erika and Witmer, Richard C. and Wunsch, James S. and Pearlstein, Arthur, Report on the Resolution of Outstanding Property Claims between Cuba and the United States. Final Report to USAID, Creighton University Press 2007. Available at SSRN: https://ssrn.com/abstract=1021470

Patrick Joseph Borchers

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-3009 (Phone)
402-280-3161 (Fax)

HOME PAGE: http://culaw2.creighton.edu

Michael J. Kelly (Contact Author)

Creighton University School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States
402-280-3455 (Phone)
402-280-2244 (Fax)

HOME PAGE: http://www.creighton.edu/law/faculty/kelly/index.php

American Bar Association, Business Law Section ( email )

321 North Clark Street
Chicago, IL 60610
United States

American Society of International Law

2223 Massachusetts Avenue, NW
Washington, DC 20008
United States
202-939-6000 (Phone)

HOME PAGE: http://www.asil.org/

Erika Moreno

Creighton University ( email )

United States

Richard C. Witmer

Creighton University ( email )

2500 Calif Plaza
Omaha, NE 68178
United States

James S. Wunsch

Creighton University ( email )

United States

Arthur Pearlstein

affiliation not provided to SSRN

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