Guantanamo Bay Lease Agreement Expiration

But Guantanamo Bay is under the sovereignty of Cuba and is therefore Cuban territory and property: the lease makes the United States the tenant and not the owner. Meanwhile, U.S. courts have ruled that Guantanamo Bay is not a U.S. territory under the Immigration and Nationality Act of 1952, which details what the U.S. territory includes.47 The U.S. government continues to send rent cheques to the Cuban government, but the Castros do not cash them. They don`t recognize the lease, and like the owners of an apartment in Brooklyn, they want their tenants to leave. Fidel Castro allegedly stacked the cheques in his desk drawer and used them as a kind of political support. It is hard to imagine that there is a more finished symbol of American imperialism than a military base whose history is so wrapped in the attempts of the American empire of the late 19th century.

The history of the territories leased between states shows that the restoration of control by the host state when a lease is terminated leads the host state to resume the exercise of its sovereign authority, including jurisdiction, over everything and anyone who is physically in the territory at the time of the surrender. Parties to a territorial lease sometimes exclude „termination agreements“ relating to practical issues or other conditions related to the transfer of control50, which may affect the legal treatment of persons in the territory, including those detained. This .B in the run-up to the expiry of the UK lease in Hong Kong by China in 1997. More than a decade earlier, the parties agreed that Hong Kong`s existing laws would last 50 years after China regained control.51 In practice, this meant that people who were in prison at the time of the transfer of control were subject to Chinese jurisdiction, but did not immediately change their situation significantly. Despite their legal equivalence as bilateral instruments, the February 1903 executive agreement and the July 1903 treaty, which includes the Guantanamo Bay lease, are not equivalent within the U.S. legal hierarchy. The „purpose“ of the contract was to add provisions to the territorial lease that the executive agreement had established; It is totally dependent on the existence of the executive agreement and has no meaning and effect until the executive convention is in force.35 Thus, the President of the United States can terminate the lease of Guantanamo Bay by cancelling the executive agreement, either by discrete act or by a new agreement with Cuba. The president could also terminate the treaty, but without full consensus on the president`s constitutional authority to terminate a contract without congressional approval, the termination of the executive agreement alone would suffice. In this case, the treaty would continue to exist as an obsolete instrument with no legal relevance. Despite the prohibition on the creation of „commercial or other enterprises“ under Article 3 of the second part of the lease, several companies were opened at the military base. A Baskin-Robbins ice stand, opened in the 1980s, was one of the first business franchises licensed on the base.

[72] In early 1986, the first and only McDonald`s restaurant in Cuba was added. [73] In 2002, a subway restaurant was opened. [75] In 2004, a combined KFC-A-W restaurant was opened on the bowling alley and a Pizza Hut Express was added to the Windjammer restaurant. [76] There is also a coffee shop that sells Starbucks coffee, and there is a KFC-Taco Bell restaurant combined. [77] To achieve full independence,