The United States' and Cuba's strained relationship exists, at least in part, due to a fundamental disagreement as to the definition of human rights. While this relationship has warmed in recent years, the United States still has an embargo imposed on Cuba, prohibiting U.S. business development in Cuba until the Cuban government commits to democratization and human rights reform. A bilateral investment treaty between the two nations can help facilitate both human rights development and increased foreign investment in Cuba. Such a treaty could require an examination of human rights impacts on Cubans before investors could commit funds to the nation and, in turn, would provide mechanisms to protect investment interests. Creating a bilateral investment treaty with the inclusion of human rights clauses would promote U.S. interests in Cuba by providing protection for Cuban citizens while allowing investors to commit capital to the nation.
Marcia N. Weldon,
You Say Embargo, I Say Bloqueo--A Policy Recommendation for Promoting Foreign Direct Investment and Safeguarding Human Rights in Cuba,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol32/iss1/1