The Choice of a Switch: The European Reaction to the Helms-Burton Act

Abstract

The dispute between the United States and the European Community on American extraterritorially operating trade legislation is far from resolved. The European Community has adopted a two-pronged approach to the matter; on the one hand WTO dispute settlement proceedings were initiated which, however, were subsequently suspended. On the other hand, the Community adopted quite unique anti-extraterritoriality legislation. This contribution reviews developments relating to the Community's double response in the last year, and provides some comments on possible developments in the future. Redress (noun): Reparation without satisfaction. Among the Anglo-Saxons a subject conceiving himself wronged by the king was permitted, on proving his injury, to beat a brazen image of the royal offender with a switch that was afterward applied to his own naked back. The latter rite was performed by the public hangman, and it assured moderation in the plaintiff's choice of a switch.