Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. · ¶69

But the question in this case is not whether Cuba should pay Havana Docks for depriving it of 44 years of its concession; the question is instead whether cruise lines using the docks twelve years after the concession's expiration date are liable to Havana Docks under Title III. And the answer to that question is no. Recall what the statute says: “[A]ny person” that “traffcs in property which was confscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property.” § 6082(a)(1)(A) (emphasis added). The “property which was confscated” from Havana Docks is a time-limited concession. We know that is the “property which was confscated” because that is the only property Havana Docks ever owned—and thus the only property Cuba could have confscated from it. So to hold the cruise lines liable, Havana Docks must show…

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