Michael J. Strauss

The Leasing of Guantanamo Bay (eBook, PDF)

• Format: PDF

Produktbeschreibung

Post-2002 events at the U.S. naval facility at Guantanamo Bay have generated a spate of books on its use as a detention center in the U.S. fight against terrorism. Yet the crucial enabling factor-the lease that gave the U.S. control over the territory in Cuba-has till now escaped any but cursory consideration. The Leasing of Guantanamo Bay explains just how Guantanamo Bay came to be a leased territory where the U.S. has no sovereignty and Cuba has no jurisdiction. This is the first definitive account of the details and workings of the unusual and problematic state-to-state leasing arrangement that is the essential but murky foundation for all the ongoing controversies about Guantanamo Bay's role in U.S. anti-terrorism efforts, charges of U.S. human rights violations, and U.S.-Cuban relations. The Leasing of Guantanamo Bay provides an overview of territorial leasing between states and shows how it challenges, compromises, and complicates established notions of sovereignty and jurisdiction. Strauss unfolds the history of the Guantanamo Bay, recounting how the U.S. has deviated widely from the original terms of the lease yet never been legally challenged by Cuba, owing to the strong state-weak state dynamics. The lease is a hodge-podge of three U.S.-Cuba agreements full of discrepancies and uncorrected errors. Cuba's failure to cash the annual rent checks of the U.S. has legal implications not only for the future of Guantanamo Bay but of the Westphalian system of states. Compiled for the first time in one place are the verbatim texts of all the key documents relevant to the Guantanamo Bay lease-including treaties and other agreements, a previously unpublished U.N. legal assessment, and once-classified government correspondence.

Produktdetails

• Verlag: Bloomsbury Publishing Inc
• Seitenzahl: 332
• Altersempfehlung: ab 7 Jahre
• Erscheinungstermin: 14. Mai 2009
• Englisch
• ISBN-13: 9780313377839
• Artikelnr.: 43074984

Autorenporträt

Michael J. Strauss is lecturer in international relations at the Centre d'Etudes Diplomatiques et Strategiques, Paris, specializing in territorial leases as phenomena of international relations and international law for resolving sovereignty disputes. Prior to entering academia, he was an international journalist and served as bureau chief for Agence France-Presse's AFX News in Paris, Knight-Ridder Financial News in Madrid, and Dow Jones News Service in Geneva. He took his PhD in International Relations and Diplomacy from the Centre d'Etudes Diplomatiques et Strategiques and his M.Sc. in Journalism from Columbia University, where he was an International Fellow in the School of International Affairs. He is the author of The Viability of International Leases in Resolving International Sovereignty Disputes: A Comparative Study.

Inhaltsangabe

Preface Introduction 1 Sovereign States and Their Territory 2 The Nature of
Territorial Leases 3 The Guantanamo Bay Lease 4 Objectives of the Lease 5
Jurisdiction at Guantanamo Bay 6 Duration of the Lease 7 The Annual Rent
Payments 8 Recent and Current Issues 9 The Lease in U.S.-Cuban Relations 10
The Future of the Guantanamo Bay Lease 11 The Global Impact of the Lease
APPENDICES Appendix 1. Treaty of Paris (1898) Appendix 2. The Platt
Amendment (1901) Appendix 3. Lease Agreement, First Part (1903) Appendix 4.
Treaty of Relations (1903) Appendix 5. Lease Agreement, Second Part (1903)
Appendix 6. Guantanamo Bay Expansion Treaty (1912) Appendix 7. Treaty of
Relations (1934) Appendix 8. U.S. Legal Arguments (1962) Appendix 9. UN
Assessment of Legal Arguments (1962) Appendix 10. U.S. Rent Payment
Instructions (1973, 1974) Appendix 11. Libertad (Helms-Burton) Act (1996)
Appendix 12. U.S. Rent Payment Documents (2006) Notes Bibliography General
Index Index of Cases