LIBERTAD v. Liberalism: An Analysis of the Helms-Burton Act from within Liberal International Relations Theory

Professor Fidler's article examines the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, Act, from within liberal international relations theory. He takes as his starting point the controversy that the Helms-Burton Act has produced among liberal, democratic states. Professor Fidler outlines the major tenets of the liberal tradition in international relations thinking: promoting economic interdependence, internationall aw, internationali nstitutions,a nd democracy. He then looks at the arguments made by opponents of the Helms-Burton Act from within each of these liberal tenets, showing how opponents believe the Helms-Burton Act undermines economic interdependence, violates international law, by-passes international institutions, and does little to promote democracy in Cuba. Professor Fidler next places the arguments of the proponents of the Helms-Burton Act within the same four tenets of the liberal tradition and explores in detail the arguments put forward that the Helms-Burton Act conforms with, and even progressively develops, international law. The article moves to consider that the two sides in the Helms-Burton controversy belong to distinct perspectives within the liberal tradition. The proponents of the Helms-Burton Act exhibit the tendencies of liberal realism, while the opponents of the Act reflect the teachings of liberal internationalism. Locating the opponents and proponents of the Helms-Burton Act within these two competing perspectives within the liberal tradition helps explain the firestorm that has developed between liberal states over this piece ofAmerican legislation. Finally, Professor Fidler offers a proposal to bridge the gap between liberal realism and liberal internationalism in a policy towards Cuba that attempts to bring the warring Helms-Burton factions more well known as the Helms-Burton together on how to exercise economic power against Castro, the proper role for international organizations and international law, and an ethical convergence for providing some compensation for the victims of Castro's illegal expropriations ofproperty.