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To what extent do Calvo Clauses reflect generally accepted principles of international law?
Member rating: No Rating | Words: | Submitted: Mon Oct 11 2004
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Calvo Clauses 3 State Responsibility 4 Rules Of Attribution 7 Nationality 7 The Treatment Of Aliens. 9 Bibliography 11> Calvo Clauses The Calvo Clause is found in constitutions, treaties, statutes and contracts. It originates from Latin America and the Calvo Doctrine asserts that aliens should exhaust all local remedies in front of the local courts. It also aims to exclude any diplomatic intervention by the alien state and it tries to exclude the application of doctrine of state responsibility. It is not subject to any other law of any jurisdiction including international law. In the case of Finland v U.K1 was held that 'the injured individuals or corporations could be entitled to directly enforce their rights against an estate before an international forum'. One of the effects of the Calvo Clause in arbitration has been to prevent contractual disputes being the entity of diplomatic protection or interstate proceedings in the absence of a denial of justice. The idea of...
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