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Topic: Calvo Doctrine

	Foreign policy doctrine - Wikipedia, the free encyclopedia
		Richard Nixon's justification for the phased withdrawal of the United States from Vietnam, for example, came to be called the Nixon Doctrine.
		The purpose of a foreign policy doctrine is to provide general rules for the conduct of foreign policy.
		"Doctrine" is usually not meant to have any negative connotations; it is especially not to be confused with "dogma".
	en.wikipedia.org /wiki/Foreign_policy_doctrine (174 words)

	MSN Encarta - Search Results - Calvo Doctrine (Site not responding. Last check: 2007-10-16)
		Calvo Doctrine, doctrine based on the works of Argentine jurist Carlos Calvo, which states that anyone living within a foreign country must settle...
		Doctrine, a belief system that forms a part of every religion.
		Dogma, an authoritative and precisely formulated statement of a religious doctrine that is advanced, not for discussion, but for belief.
	uk.encarta.msn.com /Calvo_Doctrine.html (102 words)

	Definitions
		Calvo Clause: provides that a foreign private contractor waives the right to be protected by its own state.
		Just war: the doctrine, first set for the by St. Augustine in the early fifth century, that war is permissible if the cause is just, e.., a war to defend a state against invasion by an enemy state is a just war.
		Rebus sic stantibus: things as they are in a given situation; doctrine that a treaty is made in the context of a situation, and if the situation changes fundamentally, then the treaty is no longer binding.
	faculty.rmwc.edu /jabbassi/POL330/ConceptList.htm (1151 words)

	Calvo, Carlos. The Columbia Encyclopedia, Sixth Edition. 2001-05
		In this book he expressed the principle known as the Calvo Doctrine, which would prohibit the use of diplomatic intervention as a method of enforcing private claims before local remedies have been exhausted.
		It is wider in scope than the Drago Doctrine (see under Drago, Luis María), which grew out of it.
		The Calvo Clause, found in constitutions, treaties, statutes, and contracts, is the concrete application of the doctrine.
	www.bartleby.com /65/ca/Calvo-Ca.html (218 words)

	Drago Doctrine - Wikipedia, the free encyclopedia
		The Drago Doctrine was announced in 1902 by the Argentinian Minister of Foreign Affairs Luis Maria Drago.
		It grew from the ideas expressed by Carlos Calvo in Derecho internacional teórico y práctico de Europa y América, commonly known as the Calvo Doctrine.
		The Drago Doctrine itself was a response to the actions of Great Britain, Germany, and Italy, who had blockaded and shelled ports in response to Venezuela's massive debt, acquired under president Cipriano Castro.
	en.wikipedia.org /wiki/Drago_Doctrine (174 words)

	Calvo Doctrine -- Encyclopædia Britannica
		The doctrine was advanced by the Argentine diplomat and legal scholar Carlos Calvo, in his International Law of Europe and America in Theory and Practice (1868).
		The doctrine was intended to check increased Soviet influence in the Middle East, which had resulted from the supply of arms to Egypt...
		In 1854 Pius IX issued a bull establishing as a church doctrine the dogma of the Immaculate Conception of the Virgin Mary.
	www.britannica.com /eb/article-9018741 (797 words)

	Glossary
		As such, the Doctrine rejects the right of foreign investors to lay claim to diplomatic protection or to appeal to their home governments for help since this could ultimately result in violating the territorial sovereignty and judicial independence of the host nations.
		Invisible Hand Doctrine: Coined by Adam Smith in his pioneering book Inquiry into the Nature and Causes of the Wealth of Nations (1776), the term is used as a rationale for laissez faire as the best policy for the government to pursue in the economic sphere.
		The doctrine argues that, in their quest to advance their self-interests, individuals are led, as if by an invisible hand, to achieve the best good for all.
	www.indiana.edu /~ipe/glossry.html (9181 words)

	MSN Encarta - Archive Article - 1938: Mexico
		The Mexican proposal for the waiving of diplomatic protection by foreigners would have meant recognition of the Calvo Doctrine, which has always been opposed by the United States on the ground that the right of diplomatic intervention resides in the State and not in its citizens, and cannot be signed away by any such waiver.
		In the latter case it was proposed that Mexico should put aside monthly sums in escrow, for the satisfaction of claims, pending adjudication, and that further land seizures should cease.
		The Mexican Government's reply of Sept. 2, which was anticipated by President Cárdenas the day before in his opening address to the Congress, denied the legal arguments of Secretary Hull's note, invoking the Calvo Doctrine approved by the Pan-American Conference of 1902, and rejected the accompanying provisos to the second alternative proposal.
	encarta.msn.com /sidebar_461500549/1938_Mexico.html (3179 words)

	AllRefer.com - Luis MarIa Drago (Argentinian History, Biography) - Encyclopedia (Site not responding. Last check: 2007-10-16)
		Drago, apparently under the erroneous impression that the European nations were merely attempting to collect unpaid bonds, maintained that no public debt should be collected from a sovereign American state by armed force or through the occupation of American territory by a foreign power.
		The doctrine was not new in principle, though its concept is narrower than that of the earlier Calvo Doctrine (see under Calvo, Carlos), from which it grew.
		The Drago Doctrine was discussed at the Pan-American Congress of 1906 and was brought before the Hague Conference of 1907, where a modified form offered by Horace Porter was approved instead.
	reference.allrefer.com /encyclopedia/D/Drago-Lu.html (293 words)

	Oregon Judicial Department - Publications
		Daly's analysis indicates that the Calvo Clause would be applicable only when Mexico is a party to a dispute over land to which a foreigner claims title.
		According to Dalrymple, the Calvo Doctrine was formulated in response to the routine use by foreign governments in the mid- to late-1800s of diplomatic intervention and armed force to protect their citizens' claims to Latin American resources.
		Before moving on to the trial court's dismissal of the case under the inconvenient forum doctrine, we pause to address defendant's argument that a clause in the parties' contract required that all disputes relating to it be litigated in Mexico.
	www.publications.ojd.state.or.us /A106736.htm (3534 words)

	Monroe Doctrine -- Britannica Concise Encyclopedia - Your gateway to all Britannica has to offer!
		The doctrine was an outgrowth of concern in both England and the United States that the continental powers would attempt to restore Spain's former colonies, in Latin America, many of which had become newly independent nations.
		President Theodore Roosevelt added the Roosevelt Corollary to the Monroe Doctrine in 1904; it stated that, in cases of flagrant and chronic wrongdoing by a Latin American nation, the United States could intervene in the internal affairs of that nation.
		In his prepresidential years he was one of America's greatest diplomats (formulating, among other things, what came to be called the Monroe Doctrine); in his postpresidential years (as U.S. congressman, 1831–48) he conducted a consistent and often dramatic fight against the expansion of...
	concise.britannica.com /ebc/article-9053434 (1281 words)

	[No title]
		Even more broadly, the historical legacies of the Calvo Doctrine and the Latin Americans' strict defense of national sovereignty have translated into a refusal to accept the application of general principles of international law in the Latin American context.
		For purposes of the Convention and in arbitration doctrine generally, the nationality of an arbitral award is determined by the country in which the award is made.
		The effect of such a rule is consistent with U.S. act of state doctrine and statutory provisions, which except from the defense of act of state any commercial activity of a foreign government that has a direct effect in the United States.
	tldb.uni-koeln.de /php/pub_show_document.php?pubdocid=127400 (8336 words)

	David Schneiderman, Constitutional Approaches to Privatization: An Inquiry into the Magnitude of Neo-Liberal ... (Site not responding. Last check: 2007-10-16)
		Based on the dismal Latin American experience with interventionist international capital, Calvo argued that the countries of Latin America were entitled to the same degree of respect for their internal sovereignty as the United States of America and the countries of Europe.
		Among Calvo's precepts is the proposition that states should be free, within reason, from interference in the conduct of their domestic policy.
		The 1991 Colombian Constitution draws on Calvo's precepts by declaring that "it is the duty of both citizens and of aliens in Colombia to obey the Constitution and the laws, and to respect and obey the authorities."
	www.law.duke.edu /journals/lcp/articles/lcp63dAutumn2000p83.htm (11194 words)

	monroe doctrine - Books, journals, articles @ The Questia Online Library (Site not responding. Last check: 2007-10-16)
		Doctrine, we could talk about the Monroe Doctrine, so that when we mentioned U...echoed by the demise of the Monroe Doctrine in the other theater of the...America and the Caribbean.
		Presidency and the Monroe Doctrine In 1816 Monroe obtained the presidential nomination...in 1823, he issued what came to be known as the Monroe Doctrine, one of the most important principles of U.S. foreign...
		The doctrine was not new in principle, though...than that of the earlier Calvo Doctrine (see under Calvo, Carlos), from...
	www.questia.com /search/monroe-doctrine (1531 words)

	monroe (Site not responding. Last check: 2007-10-16)
		Monroe Doctrine of 1823: U.S. President James Monroe declared that only the U.S. (and not Europe) had a right to intervene in Latin American countries.
		This doctrine is strictly unilateral in that it was issued by the U.S. without consulting any Latin nations.
		Calvo Doctrine of 1850: Carlos Calvo, from Argentina, argued that foreigners have no more rights than nationals.
	mcps.k12.md.us /schools/wjhs/depts/socialst/Cohen/latinam/monroe.html (313 words)

	doctrine of the affections -- Britannica Concise Encyclopedia - Your gateway to all Britannica has to offer!
		Several attempts at systematic lists of the emotional effects of different scales and figures were made, but to no general agreement.
		More results on "doctrine of the affections" when you join.
		It was a corollary to the doctrine of paramountcy, by which Great Britain, as the ruling power of the Indian subcontinent, claimed the superintendence of the subordinate Indian states and so also the regulation of their...
	concise.britannica.com /ebc/article-9354668 (923 words)

	bilaterals.org \| BITs: "arms of massive destruction" against national and international public law and human rights ...
		This waiver involves the abandonment of the so-called “Calvo doctrine” based upon the principles of national sovereignty, equality among national and foreign citizens and territorial jurisdiction.
		The Calvo doctrine is in the Charter of the Organisation of American States (article 15), the Bogotá Covenant (article 7), Resolution 3171 of 17th December 1973 of the UN General Assembly (Permanent sovereignty on natural resources), point 3, and several national Constitutions.[4]
		During the discussion, States faithful at that moment to the Calvo doctrine (infra III,3) opposed unanimously to the creation of international arbitral tribunals to resolve conflicts between states and foreign investors.
	www.bilaterals.org /article-print.php3?id_article=338 (1947 words)

	ARBITRAJE y MEDIACIÓN (ARyME) > Ensayos - Bernardo M. Cremades (Site not responding. Last check: 2007-10-16)
		This article will discuss the Calvo Doctrine and intimations that it could be reawakening as a result of regional economic or political instability—a significant problem for developing nations.
		The Calvo doctrine gave rise to the Calvo Clause, which precluded arbitration and instead required disputes to be resolved in national courts.
		This issue could become highly problematic, since investors are increasingly resorting to international arbitration to claim compensation for breach of concession contracts with host States and pursuing treaty claims as a result of the treatment of their investment in privatized state firms.
	www.aryme.com /aryme/esp/adr_world_observer/observatorio/titulares_abierto/2004/200407/20040707.asp (3456 words)

	[No title] (Site not responding. Last check: 2007-10-16)
		Comparative advantage: This doctrine, which received its first explicit formulation by me English economist David Ricardo (1772-1823), refers to the special ability of a country to produce a certain product or service relatively more cheaply than other products or services.
		Invisible Hand Doctrine: Coined by Adam Smith in his pioneering book Inquiry into the Nature and Causes of the Wealth of Nations (1776), the term is used as a rationale for laissez-faire as the best economic policy.
		Isolationism: A foreign policy doctrine that calls for the curtailment of a nation's international relations and the avoidance of entangling alliances.
	www.artsci.wustl.edu /~zlbrunko/GLOSSARY2.doc (9306 words)

	bilaterals.org \| The Bilateral Investment Treaty: Investment facilitator or host country albatross? - print
		Additionally, this doctrine struck at the core of the international minimum standard by repudiating the claim to most-favoured-nation status.
		Of this sum, 31% went to Latin American countries with whom except for Colombia and Ecuador (1965), the FRG had refused to sign BITS because of their adherence to the previously discussed Calvo Doctrine.
		Additionally, some Latin American countries that had previously adhered to the Calvo Doctrine on this matter concluded BITS which included a most favoured nation clause.
	www.bilaterals.org /article-print.php3?id_article=717 (2952 words)

	Jubilee Research: The illegal foreign debt: the value and likelihood of a legal ruling (Site not responding. Last check: 2007-10-16)
		Between 1868 and 1896 the Argentine lawyer Carlos Calvo developed and defended an extreme version of national sovereignty: foreign interests must be unconditionally subject to domestic laws, discarding European notions of the sacredness of contract.
		By linking the doctrine of the great jurists, Calvo opposed the British pretensions and in a truly titanic enterprise obtained recognition of Paraguay’s sovereign rights, and the unreasonable nature of the actions pursued hitherto.
		The State is a sovereign entity and one of the conditions proper to any sovereignty is that no executive procedure may be initiated or fulfilled against it, because that would compromise its very existence and would undercut the independence and action of the respective government (17).
	www.jubilee2000uk.org /analysis/articles/olmos_illegal_foreign_debt.htm (4355 words)

	monroe doctrine background - Books, journals, articles @ The Questia Online Library
		...principles--Historical background--The Monroe Doctrine was not Monroes doctrine...principles-- Historical background--The Monroe Doctrine was not Monroes doctrine...understand the historical background of the Monroe Doctrine, one must remember that...
		Its dimensions should be strategically...thoughtfully pledged to the restoration of the Monroe Doctrine, the maintenance of which John...
		Seen against this background, the history of the formation...during the Napoleonic Wars, the Monroe Doctrine of 1821, the expansion to the...diplomatic strategies--including the Monroe Doctrine, the U.S. refusal to join the...
	www.questia.com /search/monroe-doctrine-background (1191 words)

	Odious Debts - The illegal foreign debt: the value and likelihood of a legal ruling
		The Doctrine of Odious Debts, though now 70 years old, helps bring clarity to today's complicated Third World debt situation, and fairness to a tragedy in which innocent Southern citizens pay, and corrupt and negligent borrowers and lenders get away scot-free.
		In Argentina a legal precedent was put forward which serves as the solid basis of a suit which not only proceeds in the courts but will continue in the arena of international law, if the government refuses to accept the magistrates’ conclusions.
		I should stress that Dr. Carlos Calvo was hired by the government of the Republic of Paraguay, in a serious conflict with the British government in 1859.
	www.odiousdebts.org /odiousdebts/index.cfm?DSP=content&ContentID=2101 (4669 words)

	history240lecturepages16
		His ideas were formulated in his various publications (in Spanish and French) and in the Calvo Doctrine, which stressed the dominance of local courts to foreign intervention to mediate issues of private claims and contracts.
		Building on the ideas laid out in the Calvo Doctrine, the Drago Doctrine was the Latin American answer to the Monroe Doctrine (1823) of the United States.
		In 1952, The U.S. President Harry S. Truman administration created the Truman Doctrine, which was designed to quash the spread of communism.
	home.att.net /~history240/history240lecturepages16.html (1313 words)

	NewsLetter - THE ROLE OF ARBITRATION AND TREATIES IN LATIN AMERICA (Site not responding. Last check: 2007-10-16)
		Under such doctrine, intervention of the investor´s country was considered a violation of the territorial jurisdiction of the host country.
		The signature of NAFTA by Mexico, one of the stronger defendants of the Calvo Doctrine, is a clear evidence of the current times.
		Following the increasing repeal of the Calvo Doctrine and, therefore, of the need for foreign investors to submit their investment disputes to local courts, most recent BIT´s provide for dispute resolution proceedings with "fork-in the road" provisions as those mentioned before.
	www.bomchilgroup.org /argdec02.html (7841 words)

	ILC Report 1998 - chapter 5 (Site not responding. Last check: 2007-10-16)
		The Special Rapporteur noted that the Calvo doctrine was formed to prevent abuse and to allow the foreign national to agree to be bound by the principle of equality with nationals who are subject to the sole jurisdiction of their courts alone.
		He also made reference to later developments where States through agreements recognized the right of the State of nationality to take action, including before an arbitral body, to enforce the rights accorded by the treaty to their nationals or where an individual was granted direct access to international arbitration.
		The same was true in the case of the Calvo clause, whereby the alien contractually declined diplomatic protection from his State of origin.
	www.un.org /law/ilc/reports/1998/chp5.htm (5705 words)

	Chile: Latin Lawyer Review: Antitrust (Site not responding. Last check: 2007-10-16)
		By the 1970s, however, the region began to recognise the need to provide greater protection for foreign investors, who had been cautious of making important financial commitments in the fear that any dispute would be resolved by local courts or by a foreign arbitral tribunal whose award would be of doubtful enforceability in the region.
		The obligations of this Convention were at odds with the Calvo doctrine and most Latin American countries consequently maintained a safe distance from the original plan.
		By signing the Panama Convention, the signatory states rejected in large part the ghost of the Calvo doctrine and thereby removed the philosophical objection to arbitration as a means of dispute resolution.
	www.latinlawyer.com /Reviews/arb_International.htm (5051 words)

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