The Calvo Clause pptx

[...]... Introduction 3 ii The Origins of the Calvo Clause 9 in Governmental Attitudes toward the Calvo Clause Controversy 33 The Calvo Clause before Inter-American Conferences 62 iv v The Legal Issues Involved 106 Arbitral Decisions Involving the Calvo Clause up to 1926 121 vn The North American Dredging Company Case 194 vin Arbitral Decisions Involving the Calvo Clause since 1926 231 The Future of the Calvo Clause 258... will be taken here to analyze the development of the Calvo Clause against this changing background Conclusions regarding the validity of the Clause that might have been acceptable several decades ago will have to be carefully re-examined in order to determine whether they are accurately reflective of presentday circumstances The disagreement over the validity of the Calvo Clause is not a result of lack... In the present approach, emphasis will be placed on the problem as it has developed in the Americas, for the Calvo Clause controversy has been almost unique to this hemisphere, with the United States the chief protagonist of the opposition and the Latin American countries the chief defenders of the concept I believe that the Latin American position has never been adequately presented in English and therefore... American publications The primary purpose of this analysis, however, will be to determine what the precise rule of law is on the Calvo Clause A survey of the writings of the leading publicists would indicate that such an inquiry is unnecessary, for there is general agreement on the invalidity of the Calvo Clause as a bar to diplomatic interposition But relying solely on the writings of the publicists is... commission payments on the basis of the great risk of default involved They then pressed their governments to intervene to force full payment and thus remove the risk 10 13 The Calvo Clause The notorious Jecker claim further intensified Latin American suspicion and fear of foreign creditors In this case, the SwissFrench banking firm of J B Jecker and Company lent a nominal 75,000,000 francs to the Mexican government,... receive 80 per cent of the profits from the collection of the loan See Dexter Perkins, The Monroe Doctrine, 1826-1867 (Baltimore, 1933), p 383, n 48 14 Origins of the Calvo Clause occasion armed intervention, nor even the actual occupation of the territory of American nations by a European power."12 Under the leadership of the United States, the Hague Peace Conference of 1907 adopted the Porter Convention,... considered to be filled." 15 The Calvo Clause did not consider the all-important broader and more continuing problem of the diplomatic protection of resident aliens.16 A number of other Latin Americans have set forth theories and doctrines designed to limit or eliminate the right of diplomatic protection,17 but the legal theory that most adequately met their needs, and the one upon which their strongest attack... the Calvo Doctrine The Calvo Doctrine The patron saint of the Latin American efforts to restrict diplomatic intervention, the man who more than any other symbolized the hopes and aspirations of our southern neighbors, was an Argentinian publicist, Carlos Calvo Calvo was born at Buenos Aires in 1824.18 In 1852 he began his diplomatic career when he was made vice-consul at Montevideo, and he served there... really his treatise that is the source or at least the formalization of the Latin American Calvo Doctrine.24 In view of the foregoing considerations, it is difficult to cite any one passage of Calvo' s treatise as the source of the Calvo Doctrine The doctrine stems from a series of assertions that must be considered together to understand his advocacy of the principles underlying the Latin American attempt... of the interrelations of states; however, the Calvo Clause dispute is closely linked with the general problems involved in the diplomatic protection of citizens abroad and with the gradual evolution of international law toward recognizing the rights and duties of the individual as well as of the state Since international law is not static, but evolves with the changing environmental conditions of the . Introduction 3 ii The Origins of the Calvo Clause 9 in Governmental Attitudes toward the Calvo Clause Controversy 33 iv The Calvo Clause before . Involving the Calvo Clause since 1926 231 ix The Future of the Calvo Clause 258 Bibliography 291 Index 307 xv This page intentionally left blank THE