That doesnt mean he cant negotiate a framework agreement. I think the president does have authority to negotiate an executive a formal executive agreement with cuba which would provide a framework for cuban guarantees to american investors who voluntarily subscribed to the terms of these arrangements. That agreement could spell out the protections cuba is prepared to offer. It would provide impartial dispute settlement. It could even provide funding for the lets say a claims try tribunal, it could provide funding for the awards, if any had to be issued. Where would the money come from . It could come from contributions from cuba and from the investors. Commercial insurance, Political Risk insurance, could play a role in this. Ive done that in private practice for some clients. There is a quasi precedent not directly employed not going quite this far but in the Clinton Administration, they negotiated germany and other countries in europe relating to holocaust claims, these agreements th
And its my conclusion that the president could not make an do on his own authority an executive agreement which looks like a traditional bilateral tree because that exposes the United States government the treasury to reciprocal liability for cuban claims. That doesnt mean he cant negotiate a framework agreement. I think the president does have authority to negotiate an executive a formal executive agreement with cuba which would provide a framework for cuban guarantees to american investors who voluntarily subscribed to the terms of these arrangements. That agreement could spell out the protections cuba is prepared to offer. It would provide impartial dispute settlement. It could even provide funding for the lets say a claims try tribunal, it could provide funding for the awards, if any had to be issued. Where would the money come from . It could come from contributions from cuba and from the investors. Commercial insurance, Political Risk insurance, could play a role in this. Ive don