Calvo Doctrine


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Calvo Doctrine

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.

References in periodicals archive ?
Similar to the argument that the Calvo doctrine is unfair to the
This goes hand in hand with the Calvo doctrine, as both theories dictate
Latin American countries where the Calvo doctrine is king, (232) and an
48) The Calvo Doctrine insists upon a level playing field among foreign and domestic citizens, (49) and by extension precludes the option of international investor-state arbitration.
FTA and BIT agreements that provide for investor-state arbitration runs counter to Calvo Doctrine.
57) The appropriate compensation standard was adopted by Latin American nations under the Calvo Doctrine and was followed by the United Nations Charter of Economic Rights and Duties of States (CERDS).
78) Essentially, the Calvo Doctrine holds that governments have a right to be free of foreign intervention of any sort and aliens are not entitled to rights and privileges that are not held by the nationals of a given country.
Today, the popularity of the Calvo Doctrine is on the decline and in many Latin American countries has been negated by treaties and codes permitting alternative forums for lawsuits.
204) Mexico, after all, was the birthplace of the Calvo Doctrine.
An examination of the notorious Calvo Doctrine will show the extent of this departure.
Regional Integration, Legislative Authority, and the Calvo Doctrine
21) Although there was considerable resistance outside Latin America to the doctrine, especially by commentators in the United States, the Calvo Doctrine has had an important influence on Latin American law and on the development of Latin American notions of sovereignty.