The Calvo Doctrine is a foreign policy doctrine which holds that jurisdiction in international investment disputes lies with the country in which the investment is located. The Calvo Doctrine stood in contrast to historical rules governing foreign investment which held that foreign investors could appeal expropriation decision by a foreign government in their home country.[1] The Calvo Doctrine thus proposed to prohibit diplomatic protection or (armed) intervention before local resources were exhausted. An investor, under this doctrine, has no recourse but to use the local courts, rather than those of their home country. As a policy prescription, the Calvo Doctrine is an expression of legal nationalism. The principle, named after Carlos Calvo, an Argentine jurist, has been applied throughout Latin America and other areas of the world.[2]
The doctrine arose from Calvo's ideas, expressed in his Derecho internacional teórico y práctico de Europa y América (Paris, 1868; greatly expanded in subsequent editions, which were published in French). Calvo justified his doctrine as necessary to prevent the abuse of the jurisdiction of weak nations by more powerful nations. It has since been incorporated as a part of several Latin American constitutions, as well as many other treaties, statutes, and contracts. The doctrine is used chiefly in concession contracts, the clause attempting to give local courts final jurisdiction and to obviate any appeal to diplomatic intervention.
The Drago Doctrine is a narrower application of Calvo's wider principle.[2]
^Oatley, Thomas (2019). International Political Economy: Sixth Edition. Routledge. pp. 267–268. ISBN 978-1-351-03464-7.
^ abLatane, John H. (1906). "International Law and Diplomacy". American Political Science Review. 1 (1): 107–113. doi:10.2307/1944849. ISSN 1537-5943. JSTOR 1944849.
The CalvoDoctrine is a foreign policy doctrine which holds that jurisdiction in international investment disputes lies with the country in which the...
“Doctrine” is usually not meant to have any negative connotations; it is especially not to be confused with “dogma.” CalvoDoctrine Drago Doctrine Ellemann–Jensen...
only includes doctrines named after the judges who formulated them. CalvoDoctrine named after Carlos Calvo (historian) Drago Doctrine named after Luis...
province Porto Calvo, a Brazilian municipality Calvo Doctrine, a foreign policy doctrine Grupo Calvo, a group of Spanish companies dedicated to fishing...
doctrine of diplomatic protection has attracted much criticism, particularly in former colonies. Specifically, in Latin America, the CalvoDoctrine was...
Latin American countries, which have historically subscribed to the Calvodoctrine, which suggests that compensation is to be decided by the host country...
from the oil companies. In terms of mining, Carranza implemented the CalvoDoctrine. He raised taxes on the mining companies, and removed the right of diplomatic...
without good reason. Bilateral investment treaty Bolivian gas conflict CalvoDoctrine Cochabamba protests of 2000 Investor-state dispute settlement Multilateral...
"YOUR RIGHTS: Calvo Signs Ada’s Castle Doctrine into Law". Office of Governor Eddie Baza Calvo. Retrieved February 4, 2015. "Gov. Calvo endorses Ted Cruz...
Internationalization of Administrative Contracts, Arbitration and the CalvoDoctrine. Arbitration Advocay in Changing Times. Vol. 15. Kluwer Law International...
McCreadie and Michael San Nicolas, which after it was signed by Governor Eddie Calvo converted Guam to be a shall-issue jurisdiction. Guam is in the United States...
Française. The doctrine is also called Maurrassisme. Integral nationalism sought to be a counter-revolutionary doctrine, providing a national doctrine that could...
del Pasado Reciente :::". www.pasadoreciente.com. Retrieved 2020-10-19. Calvo, Patricia (June 25, 2018). "La Organización Latinaomericana de Solidaridad...
D.C., 8 November 2001, The Secret History of The ABM Treaty Calvo-Goller Karin and Calvo Michel, The SALT AGREEMENTS: Content, Application, Verification...
of Opus Dei who were vocal critics of the Franco regime such as Rafael Calvo Serer and Antonio Fontán, who was the first President of the Senate in Spain...
draft Spain's new democratic constitution after Franco. Alberto Ullastres Calvo (died 2001), Minister of Trade (1957–1965). He is one of the members of...
comedians group and the Italian actors Adolfo Celi, Ruggero Jacobbi and Aldo Calvo, founders of the Teatro Brasileiro de Comédia. From the 1960s it was attended...
Republican Left and the Republican Union and presided over by Manuel Azaña. José Calvo Sotelo, who made anti-communism the focus of his parliamentary speeches...
(Caudillo of Spain), Luis Carrero Blanco, José Antonio Primo de Rivera and José Calvo Sotelo. Although categorising the war as a crusade, Pope Gregory XVII stated...
Random Recollection of a Long Life, 1806 to 1876. Columbia, SC: Charles A. Calvo. Senour, Faunt Le Roy (1865). Major General William T. Sherman, and His...