Guantanamo Bay Cuba Lease Agreement
Under the Vienna Convention on Contract Law, a contract – or an executive agreement – may be terminated in accordance with its provisions36 Since the executive agreement establishing the Guantánamo Bay lease set its duration as “the time necessary for mining and naval activities”37, an executive decision that the United States no longer “needs” the area for such purposes, drive automatically to the end of the lease. The moment when the “requirement” ceased to exist would become the legal moment when control of Guantanamo Bay would immediately fall back on Cuba, unless the United States and Cuba reached an agreement on a “grace period” or a specified surrender date.38 The Cuban government`s position on the legal status of the United States. The basis of Guantánamo is that, since it is legally derived from a lease, a temporary and non-permanent right has been ceded to the tenants in this part of our territory and that justice demands for our people that it be returned peacefully to Cuba in a timely manner.15 15 1934, a new contract of Cuban-American relations, Reaffirming the lease, Cuba and its business partners have free access across the bay, changed the rent from 2,000 $US a year in U.S. gold coins to the equivalent of $4,085 in 1934, and made the lease permanent, unless both governments agreed to break it or until the U.S. abandoned the base land.  Some aspects of the law that could allow the United States to return control of Guantanamo Bay to Cuba relate to how the lease can be terminated. These concern both the form and the content of the provision. As far as its form is concerned, the two 1903 agreements that make up the lease – the February Executive Agreement and the July Agreement – are legally equivalent as far as the involvement of the United States at the bilateral level is concerned. While an executive agreement does not require congressional approval and a treaty does (it requires two-thirds Senate approval), 29 both types of agreements take on the same character by creating international obligations for the United States.30 In particular, the Vienna Convention on the Law of Treaties defines a “treaty” as “an international agreement (i.e.) concluded in writing between States and subject to international law”. 31 (The Convention itself was not received by the United States.
. . .