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Topic: Cuban Law

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	USAID Latin America & Caribbean: Cuba - USAID Extends Support to University of Miami's Cuba Transition Project
		The choice for the Cuban people is not between the present and the past, as the regime would have the people believe, but between the present repression and economic malaise and a future of freedom and opportunity for all Cubans.
		Nonetheless, some Cubans have reservations about a transition in Cuba, fostered by the regime's negative depictions of other transitions and by its claims that transition or democratic governments in Cuba would not be concerned with issues of national sovereignty, justice, equity, reconciliation and social welfare.
		Cubans may decide to retain aspects of their present constitution, incorporate aspects of the 1940 constitution, and look to models elsewhere in the hemisphere and beyond for yet other provisions.
	www.usaid.gov /locations/latin_america_caribbean/country/cuba/english.htm (7174 words)

	Santeria in Cuban Law
		The challenged laws had an impermissible object; and in all events the principle of general appli- cability was violated because the secular ends asserted in defense of the laws were pursued only with respect to conduct motivated by religious beliefs.
		To determine the object of a law, we must begin with its text, for the minimum requirement of neutrality is that a law not discriminate on its face.
		A law that is religion neutral on its face or in its purpose may lack neutrality in its effect by forbidding something that religion requires or requiring something that religion forbids.
	www.geocities.com /CapitolHill/5883/santeria.html (13946 words)

	New Cuban Law: Shared Maternity
		Although somewhat controversial, the recent State Council Law No.234 is the legal instrument of the Family Code marriage contract: "to attend, care for, protect, educate, help, give profound affection to, and prepare for life" the fruit of their love.
		The law has done an important part, perfecting it is up to the family, the society and, first and foremost, to those who want to be called mommy and daddy.
		Today, Cuban women are more than 44 percent of the labor force of the country in the state-civil sector, 36 percent of the members of Parliament, and more than 33 percent of all people on managerial levels.
	www.globalexchange.org /countries/cuba/foodAndMeds/1511.html (774 words)

	Freedom to Write - Cuba Action
		The law calls for seven to 15 years' imprisonment for passing information to the United States that could be used to bolster anti-Cuban measures such as the US economic blockade.
		Pre-existing laws had made the unofficial nature of their internet connections a necessity since the vast majority of Cubans did not qualify to have a legal internet connection.
		The Cuban government was also reported in January 2004 to have called on Etecsa, the sole legal internet service provider, "to deploy all technical means to detect and block Internet access" to unauthorized users.
	www.pen.org /freedom/cubafox.htm (834 words)

	Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398 (1964) (Site not responding. Last check: 2007-10-15)
		But violations of international law were either not presented in these cases, because the parties or predecessors in title were nationals of the acting state, or the claimed violation was insubstantial in light of the facts presented to the Court and the principles of international law applicable at the time.
		American courts have denied recognition or effect to foreign law, otherwise applicable under the conflict of laws rules of the forum, to many foreign laws where these laws are deeply inconsistent with the policy of the forum, notwithstanding that these laws were of obvious political and social importance to the acting country.
		The basic rule that the law of the situs of property is the proper law to be applied in determining title in other forums, whether styled a rule of private international law or domestic conflict of law, is rooted in concepts firmly embedded in a consensus of nations on territorial sovereignty.
	www.usscplus.com /online/cases/376/3760398.htm (14105 words)

	CUBAN LAW, INTERNATIONAL LAW AND THE RETURN OF ELIAN TO HIS FATHER [Free Republic]
		A basic understanding of Cuban law is key to the question of whether Elian Gonzalez should be returned to his father in Cuba.
		Law No.16, of June 28 1978 which comprises the body of Cuban law that regulates the lives of children and youth, specifies that personality must change, any influence contrary to communism must be combated, and school admission is predicated on political attitude.
		It is a general principle of family law that when such a divergence may exist a guardian ad litem is appointed to represent the interest of the child.
	www.freerepublic.com /forum/a38e79a92789a.htm (2074 words)

	FIRST NAT. CITY BANK v. BANCO PARA EL COMERCIO, 462 U.S. 611 (1983) -- US Supreme Court Cases from Justia & Oyez
		Under principles of equity common to international law and federal common law, petitioner may apply the claimed setoff, notwithstanding the fact that respondent was established as a separate juridical entity.
		That Act was not intended to affect the substantive law determining the liability of a foreign state or instrumentality, or the attribution of liability among such instrumentalities.
		The language and history of the FSIA clearly establish that the Act was not intended to affect the substantive law determining the liability of a foreign state or instrumentality, or the attribution of liability among instrumentalities of a foreign state.
	supreme.justia.com /us/462/611/case.html (7287 words)

	A
		The Supreme Court has enumerated the appropriate sources of international law. The law of nations “may be ascertained by consulting the works of jurists, writing professedly on public law; or by the general usage and practice of nations; or by judicial decisions recognizing and enforcing that law.” United States v.
		This case deals with an area of the law that cries out for clarification by the Supreme Court. We confront at every turn broad and novel questions about the definition and application of the “law of nations.” As is obvious from the laborious efforts of opinion writing, the questions posed defy easy answers.
		International law typically does not authorize individuals to vindicate rights by bringing actions in either international or municipal tribunals. “‘Like a general treaty, the law of nations has been held not to be self-executing so as to vest a plaintiff with individual legal rights.’” Dreyfus v.
	stcl.edu /faculty_pages/faculty_folders/rensberger/1st-two-classes.htm (2849 words)

	Traveling to Cuba
		Note that Cuban Americans and Americans who are married to Cubans have a general humanitarian license to go down periodically in case of a grave problem such as a serious illness in the family.
		Cubans can get permission to have a foreign friend stay at their house, but this requires that they go and declare you with Imigracion and you will need to go and show your passport.
		Ordinary Cubans walking the streets with foreigners are automatically subject to a check on ID papers to the point where many Cubans refuse to walk with foreigners as they could be fined if their papers are not in order.
	www.afrocubaweb.com /travelcuba.htm (3113 words)

	Cuban Law articles on Encyclopedia.com (Site not responding. Last check: 2007-10-15)
		Spanish law Spanish lawyers international firm Solicitors English speaking.
		A delegate to the Paris Peace Conference (1919), he was later justice of the Hague Tribunal (Permanent Court of Arbitration).
		Varona y Pera, Enrique José VARONA Y PERA, ENRIQUE JOSÉ [Varona y Pera, Enrique José], 1849-1933, Cuban philosopher and vice president of Cuba (1913-17).
	www.encyclopedia.com /SearchResults.aspx?Q=Cuban+Law (448 words)

	JURIST - Cuba: Cuban Law, Legal Research, Human Rights
		According to the Cuban Constitution, the National Assembly of People's Power, and its Council of State when the body is not in session, has supreme authority in the Cuban system.
		Though not a formal requirement, party membership is virtually a de facto prerequisite for high-level official positions and professional advancement in most areas, although non-party members are sometimes allowed to serve in the National Assembly.
		The Cuban Constitution provides for independent courts; however, it explicitly subordinates the courts to the National Assembly and the Council of State.
	jurist.law.pitt.edu /world/cuba.htm (602 words)

	Human Rights Watch World Report 2001: Cuba: Human Rights Developments
		Even Cubans' right to leave their country was severely restricted, as the government prosecuted persons for "illegal exit" if they attempted to leave the island without first obtaining official permission to do so.
		The Cuban legal system's serious procedural failings and lack of judicial independence, which violated the rights of all criminal defendants, were especially problematic with regard to capital offenses.
		Miscarriages of justice were also unlikely to be remedied upon review by a higher court, since Cuban law afforded convicts sentenced to death minimal opportunities to appeal their sentences.
	www.hrw.org /wr2k1/americas/cuba.html (1621 words)

	Workers World Dec. 9, 1999: Cuban law
		A Cuban prison is not organized as a warehouse for people who are shunned by society.
		The death penalty in the Cuban Revolution is applied in extremely rare instances.
		I think the fact that the death penalty still exists under the Cuban penal system is because it is considered by a great number of people as a necessary evil under the present circumstances.
	www.workers.org /ww/1999/cuba1209.php (1352 words)

	Helms-Burton Act -- LIBERTAD --
		Indeed, international law, whether a treaty or as part of the customary international law, is part of U.S. law and therefore must be given the appropriate arena in the U.S. courts.
		In light of the fact that before the Cuban Revolution, 80% of the Cuban land was owned by the U.S. nationals and those affiliated with it, then this faint specter of an argument in favor of HBA becomes even less of an argument.
		Neither the Constitution nor the laws passed in pursuance of it have any force in foreign territory unless in respect of our own citizens.[...] [A]nd operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law.
	www.taradji.com /hba96.html (11862 words)

	International Parental Child Abduction Cuba
		NEW LAW ON PASSPORT APPLICATIONS FOR MINORS: On July 2, 2001, The Department of State began implementation of the new law (Section 236 of Public Law 106-113) regarding the passport applications of minor U.S. citizens under the age of 14.
		Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole authority to obtain the passport.
		Questions involving Cuban law should be addressed to a Cuban attorney or to the Cuban Interests Section of the Embassy of Switzerland in the United States at:
	travel.state.gov /family/abduction_cuba.html (1100 words)

	The Rule of Law-1, Cuban exile community-0
		Most civilized freedom loving societies are, for freedom must be tempered by the law to ensure that all are touched and warmed by it.
		Elian has been a pawn, used by the so-called "Cuban exile community" to thumb their noses at Castro, the big bad bogie man in the closet, to the south.
		They say they came to America because we are a nation governed by the rule of law, but seem to only follow these laws only when it suits their collective purpose.
	www.suite101.com /article.cfm/politics_and_minorities/37996 (475 words)

	Cuban Cigars - The Law
		Inasmuch as all other importations of Cuban cigars are illegal, you must assume that all offers to buy or sell such cigars in the United States involve cigars that are imported illegally.
		However, these prohibitions apply to all goods of Cuban origin and are an important element of the comprehensive program of economic sanctions against the Cuban government which have been in place since 1963.These sanctions have had the full support of the past seven Administrations and were further tightened by President Clinton in August 1994."
		The bottom line is that it is only legal to possess Cuban cigars if they were obtained through legal channels (brought back for personal consumption from a licensed visit to Cuba seems to be the only way), and then you're only allowed $100 domesticvalue.
	www.ashtraysonline.com /cubancigars.htm (776 words)

	The Cuban Triangle
		A new Fidel Castro “reflection” – or, as Agence France-Presse put it, an “article attributed to Cuban leader Fidel Castro” – claims that there was “deliberate disinformation” about 9/11, including that the Pentagon was hit by a missile, not by a plane, on that morning.
		In Cuban enterprises, allowing the election of management, allowing enterprises to debate and determine their plans and operations, instituting profit sharing, and allowing enterprises to contract with each other across sectors.
		Their parents sent them here, not knowing when they would see their children again, in the first years of the Cuban revolution when civil society was being dismantled, the church was under attack, and the state was sending Cuban youth to work in agricultural camps or to socialist bloc countries for education.
	cubantriangle.blogspot.com (3523 words)

	CNN.com - Havel praises Cuban ordeal pair - February 7, 2001
		They were freed on Monday after admitting they broke Cuban law by meeting the dissidents.
		Havel, himself a former dissident repeatedly imprisoned by the former Communist regime, and other Czech officials had refused to condemn the pair and instead criticised their arrest.
		Pilip and Bubenik said they had unwittingly broken Cuban law but a signed statement read to foreign diplomats and Cuban officials satisfied Havana's demand for an apology.
	www.cnn.com /2001/WORLD/europe/02/07/czech.cuba.02 (401 words)

	Tough anti-dissident Cuban law goes into effect
		HAVANA, March 15 (AFP)- A tough new anti-dissent Cuban law under which dissidents and journalists found to be working against the Cuban state could face up to 20 years in jail went into effect Monday.
		The ``Law for the Protection of Cuba's National Independence and Economy,'' adopted February 16, was published in Cuba's official gazette, making it the law of the land under President Fidel Castro's regime.
		The official gazette also released changes to the penal code, also approved February 16, which increase the severity of punishments for drug trafficking and sexual assault, including the death penalty.
	www.fiu.edu /~fcf/toughantidissidentlaw.html (120 words)

	Suffolk University Law School : Academic Programs
		Although, this course is geared to members of the bar and bench, current law school students are invited to attend.
		Participants are required to participate in interactive workshops and engage in dialogues with Cuban legal professionals about their respective legal systems and cultures.
		There will be a workshop hosted by Suffolk Law School-Honorable Isaac Borenstein will address the historical roots of the jury trial in the U.S., including significant cases, its rational and its impact on society in general and the resolution of cases in particular.
	www.law.suffolk.edu /academic/als/Cuba (1585 words)

	Orange County Divorce Lawyers Personal Injury Attorneys, dui lawyers Orange County Family Law Tustin Anaheim Santa Ana ...
		located in the city of Anaheim (Orange County) California (CA) and Santa Ana, CA, her Law Firm is experienced in resolving family law (divorce) and immigration issues.
		Always striving to give her clients the best family law legal advice.
		A family law “divorce” lawyer who will “put it in the best plain words”, so you can understand your legal rights.
	www.yanezlaw.com (705 words)

	The Cuban Center - El Centro Cubano
		The Cuban Center for Cultural, Social & Strategic Studies, Inc. is a non profit corporation incorporated in the State of Florida.
		Cuban Center for Cultural, Social & Strategic Studies, Inc. is exempt from Federal Income Taxes as described in section 501(c)(3).
		Cuban Center for Cultural, Social & Strategic Studies, Inc. está exenta de impuestos Federales, según se describe en la Sección 501(c)(3).
	www.cubancenter.org (935 words)

	Cuban Recipes/Cuban Cookbooks: Three Guys From Miami Cook Cuban & Celebrate Cuban
		Each recipe comes with some entertaining banter between the three guys that might touch on the ritual of family gatherings, or the importance of music with food, or how to "Cubanize" a turkey.
		They note that every Cuban knows that you can create a party with five foods:…roast pork, fl beans, white rice, fried plantains, and yuca with oil and garlic, and they present recipes for these classics and many more.
		The more than 100 recipes include some longtime Cuban favorites as well as dishes that were created by the Three Guys.
	icuban.com /cuban_cookbook.html (967 words)

	Blog Maverick
		It becomes law at some point after election, then put in the legal system as one more law.
		There is no question their hearts are in the right place and they want to do the right thing, but the reality is that every single program that is supposed to have a major impact on our country is nothing more than a guess.
		If it was a law or program worth anything the states or local municipalities will find much more creative ways to make them work.
	www.blogmaverick.com (9039 words)

	CUBAN DIVORCE LAW 1934
		ARTICLE 1: The divorce that this Law establishes will be applied to elsewhere, and will produce the dissolution of the matrimonial vinculum and the other effects stated in this Law.
		ARTICLE 2: The legal suit for the dissolution of the matrimonial vinculum ordained in this Law can be established by the innocent or the culprit party.
		ARTICLE 3: The Divorce will be decree dissolving the matrimonial vinculum by mutual dissent of the parties, or by any of the following causes.
	cuban-exile.com /doc_151-175/doc0175.html (385 words)

	DRAFT OF A CUBAN LAW ON FOREIGN INVESTMENT (Site not responding. Last check: 2007-10-15)
		CHAPTER VI Joint ventures, national and foreign investors party to international economic-association contracts, and totally foreign capital companies are subject to any regulations that may be established concerning protection against catastrophes and natural disas ters.
		FIRST: Decree-Law No. 50, «On Economic Association among Cuban and Foreign Entities,» issued on February 15, 1982, as well as any other legal provisions contrary to the contents of this Act, are hereby repealed, and this Act shall be in force as of its pu blication in the Gaceta Oficial de la República.
		SECOND: The Executive Committee of the Council of Ministers and the central State administrative agencies are authorized, in accordance with their jurisdictions, to issue whatever provisions may be necessary for the proper fulfillment of this Act.
	www.geo.unipr.it /~davide/cuba/economy/LAW95 (349 words)

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