ABSTRACT
This chapter explains that in its past treatment of Cuba, the legal discourse had already been established. Cuba was perceived by the United States to be an outlaw state, at the nexus of international terrorism and in need of a 'regime change' for most of the 43 years of the Fidel Castro government. In many ways Cuba was Al Qa'ida mark I. The case of United States-Cuban relations offers an instructive case study of how the United States constitutes a legal order for its perceived enemies. The original basis for United States policy toward Cuba was based on a reaction against the nationalisation of property following the 1959 revolution and the subsequent alliance with the Soviet Union. The United States tested out the latter attitude in the cases over its trade relations with Nicaragua. In these cases the United States argued that matters of national security precluded the panel from examining the issue at all.
