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The Leasing of Guantanamo Bay
     

The Leasing of Guantanamo Bay

by Michael J. Strauss
 

ISBN-10: 0313377820

ISBN-13: 9780313377822

Pub. Date: 05/30/2009

Publisher: ABC-CLIO, Incorporated

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

Overview

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of all the key documents relevant to the Guantanamo Bay lease-including treaties and other agreements, a previously unpublished U.N. legal assessment, and once-classified government correspondence.

Product Details

ISBN-13:
9780313377822
Publisher:
ABC-CLIO, Incorporated
Publication date:
05/30/2009
Series:
Praeger Security International Series
Pages:
313
Product dimensions:
6.40(w) x 9.30(h) x 1.10(d)

Table of Contents

Preface ix

Introduction 1

1 Sovereign States and Their Territory 4

2 The Nature of Territorial Leases 20

3 The Guantanamo Bay Lease 40

4 Objectives of the Lease 62

5 Jurisdiction at Guantanamo Bay 78

6 Duration of the Lease 104

7 The Annual Rent Payments 126

8 Recent and Current Issues 138

9 The Lease in U.S.-Cuban Relations 156

10 The Future of the Guantanamo Bay Lease 170

11 The Global Impact of the Lease 186

Appendices

Appendix 1 Treaty of Paris (1898) 205

Appendix 2 The Platt Amendment (1901) 212

Appendix 3 Lease Agreement, First Part (1903) 214

Appendix 4 Treaty of Relations (1903) 219

Appendix 5 Lease Agreement, Second Part (1903) 223

Appendix 6 Guantanamo Bay Expansion Treaty (1912) 228

Appendix 7 Treaty of Relations (1934) 232

Appendix 8 U.S. Legal Arguments (1962) 234

Appendix 9 UN Assessment of Legal Arguments (1962) 240

Appendix 10 U.S. Rent Payment Instructions (1973, 1974) 246

Appendix 11 Libertad (Helms-Burton) Act (1996) 249

Appendix 12 U.S. Rent Payment Documents (2006) 251

Notes 255

Bibliography 291

General Index 307

Index of Cases 315

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