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Diplomatic Protection$
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Chittharanjan F. Amerasinghe

Print publication date: 2008

Print ISBN-13: 9780199212385

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199212385.001.0001

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The Effect of a Calvo Clause

The Effect of a Calvo Clause

Chapter:
(p.191) 12 The Effect of a Calvo Clause
Source:
Diplomatic Protection
Author(s):

Chittharanjan F. Amerasinghe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199212385.003.0012

The Calvo Clause was born out of the fear on the part of Latin American States of intervention in their domestic affairs by European States and the United States of America under the guise of diplomatic protection. The Calvo Clause confines the alien to local remedies — just like anyone who was a national of the host State — and excludes the exercise of diplomatic protection by the national State of the alien. This chapter argues that the Calvo Clause does not affect the rights of the national State of the alien. While this result, according to some, is produced by reliance on a legal fiction, the fact of the matter is that this is the manner in which international law regards the situation and the result must be recognized.

Keywords:   Calvo Doctrine, Latin America, codification, state practice, case law, international law, national state

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