Legal Research Report on Helms–Burton Act

Remote Full-time
We are seeking an experienced legal researcher or subject-matter expert to produce a comprehensive, publication-ready legal research report/white-paper (approximately 7,000 words) analyzing whether the Helms–Burton Act (Cuban Liberty and Democratic Solidarity Act of 1996) is consistent with, or in conflict with, established principles of public international law. This paper will be used to inform policy discussions, potential advocacy strategies, and stakeholder engagement relating to U.S. sanctions practice, foreign relations law, and extraterritorial regulatory frameworks. The retained expert will produce an in-depth legal analysis focused exclusively on international law doctrines directly implicated by the operation and enforcement of the Helms–Burton Act. The paper should: -Identify and analyze the Act’s extraterritorial components, especially Titles III and IV, and evaluate their legality under recognized bases of jurisdiction (territoriality, nationality, protective principle, passive personality, and universality where relevant). -Assess the Act’s compatibility with the principle of non-intervention and the prohibition on the coercive use of economic measures that infringe on another state’s sovereign prerogatives. -Evaluate potential conflicts with the law of state responsibility, including whether Helms–Burton’s structure risks violating obligations of non-interference, due diligence, or international minimum standards, and whether affected states may invoke countermeasures. Include a discussion of whether Helms-Burton could plausibly be characterized as a lawful “countermeasure”. -Examine the Act’s conformity with norms governing extraterritorial economic regulation, including customary limits on secondary sanctions and the international presumption against extraterritorial jurisdiction. -Analyze the international legal implications of foreign “blocking statutes” and countermeasures, including the EU and Canada’s responses, as evidence of state practice and opinio juris relevant to determining the Act’s consistency with international legal norms. -Evaluate the Act’s consistency with treaty-based obligations, to the extent applicable (e.g., WTO rules, friendship/commerce treaties, NAFTA-era or successor obligations), narrowly framed as evidence of international legal limits rather than as trade-law analysis per se. -Provide a structured, doctrine-specific conclusion that clearly states (1) which principles the Act complies with, (2) where tensions or conflicts arise, and (3) how/if the Act should be limited to comply with international law. Timeline is flexible, but completion within approximately two weeks is preferred. Budget range is flexible and open to proposals based on experience and qualifications. Apply tot his job
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