Part II details how the Hull Doctrine fell out of grace with the international community and explores the competing doctrine, the Calvo Doctrine, which developing countries supported following the world wars.
39) The Calvo Doctrine provided that, upon expropriation, states should apply their own domestic laws when calculating the compensation owed to foreign investors.
133) The inclusion of the Hull Doctrine in the BITs by Argentina and El Salvador are particularly suggestive of a trend toward adoption of the Hull Doctrine because it was precisely these Latin American countries that resisted the Hull Doctrine in favor of the Calvo Doctrine during the era of decolonization.
With the exception of the Drago Doctrine, (26) which had a more limited ambit, the Calvo Doctrine traditionally was the guiding principle of the Latin American approach(es) towards international law and politics.
31) As Paparinskis noted, "[p]robably largely motivated by the abuse of gunboat diplomacy by the Western home States, the Calvo Doctrine relied on the equality of States to argue that .
It touches on important elements from the 19th and early 20th centuries, such as, the era of gunboat diplomacy, the attempts to assert the Calvo Doctrine
, the development of investment principles within the doctrine of diplomatic protection of alien property, and the creation of the Hull Formula.
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
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.
An examination of the notorious Calvo Doctrine will show the extent of this departure.
Regional Integration, Legislative Authority, and the Calvo Doctrine