TY - JOUR
T1 - Some remarks concerning European law
T2 - The example of the anti-Helms-Burton measures
AU - van Rhee, C.H.
N1 - The present article was originally published in Michigan International Lawyer, X/1 1998, p. 29-31. The author did not receive proofs. Due to the fact that the article was seriously mishandled in the publication process, this article should not be cited. The present text is the original text as submitted to Michigan International Lawyer.
PY - 1998
Y1 - 1998
N2 - The Cuban Liberty and Democratic Solidarity Libertad Act, also known as the Helms-Burton Act, envisages, amongst other things, putting an end to the trafficking in property having belonged to US nationals which was confiscated by the Cuban government on or after January 1, 1959. Measures against Helms-Burton have been implemented by many states. The European Community and the European Union have also legislated against this Act. The EC measures against Helms-Burton are encompassed by a regulation dated November 22, 1996. In addition to the EC regulation, the European Union took action against Helms-Burton on the basis of Articles J.3 and K.3 of the Treaty on European Union. The Union decided that all of its Member States should take the measures they may find necessary to safeguard the interests of natural or legal persons within their territory which are not protected by the EC regulation Official Journal 1996 L 309/7. In order to understand the above European measures and the way in which they were enacted, some knowledge of the structure and competences of the European Community and the European Union is required. In this note the author discusses the difference between the European Community and the European Union; the type of instrument encompassing the anti-Helms-Burton measures; the legal basis of the EC and EU measures against Helms-Burton and some related issues.
AB - The Cuban Liberty and Democratic Solidarity Libertad Act, also known as the Helms-Burton Act, envisages, amongst other things, putting an end to the trafficking in property having belonged to US nationals which was confiscated by the Cuban government on or after January 1, 1959. Measures against Helms-Burton have been implemented by many states. The European Community and the European Union have also legislated against this Act. The EC measures against Helms-Burton are encompassed by a regulation dated November 22, 1996. In addition to the EC regulation, the European Union took action against Helms-Burton on the basis of Articles J.3 and K.3 of the Treaty on European Union. The Union decided that all of its Member States should take the measures they may find necessary to safeguard the interests of natural or legal persons within their territory which are not protected by the EC regulation Official Journal 1996 L 309/7. In order to understand the above European measures and the way in which they were enacted, some knowledge of the structure and competences of the European Community and the European Union is required. In this note the author discusses the difference between the European Community and the European Union; the type of instrument encompassing the anti-Helms-Burton measures; the legal basis of the EC and EU measures against Helms-Burton and some related issues.
M3 - Article
VL - X
SP - 28
EP - 31
JO - Michigan International Lawyer
JF - Michigan International Lawyer
IS - 1
ER -