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Calvo Doctrine

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The principle set forth by an Argentine jurist, Carlos Calvo, that a government has no duty to compensate Aliens for losses or injuries that they incur as a result of domestic disturbances or a civil war, in cases where the state is not at fault, and, therefore, no justification exists for foreign nations to intervene to secure the settlements of the claims made by their citizens due to such losses or injuries.



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The Calvo Doctrine In Latin American countries arbitration has been viewed with an even greater degree of distrust than the narrow acceptance and general hostility characteristic of the United States.
The NAFTA frustrates one of the aspects of the Calvo doctrine -- contained in Article 27 and specified both in customary international law and conventional law -- requiring a foreigner to exhaust all local legal avenues as a prerequisite to pursuing international remedies against the host state.
An examination of the notorious Calvo Doctrine will show the extent of this departure.
 
 
 
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