Calvo Doctrine
The Calvo Doctrine is one of Argentine journalist Carlos Calvo capped rule of law , in particular in Latin America to the Status of countries foreigners regulated. It states that in the case of private law disputes from foreign nationals or companies, the jurisdiction of the host country is responsible on site and that diplomatic intervention by its home country, in particular in the exercise of diplomatic property rights , to enforce legal claims is not required.
Content and background
The principle formulated by Carlos Calvo in his work "Derecho internacional teórico y práctico de Europa y América" published in 1868 found its way into a number of constitutions and contracts in Latin American countries as the so-called Calvo clause , especially in concession and investment agreements with foreign companies . Was the background of the Calvo Doctrine that the Latin American countries to since the 19th century in particular, by the Western European practice countries and by case law established International Minimum Standard refused applies to the treatment of foreigners in a country, a minimum standard, regardless of the legal status is a citizen of that country. They perceived this principle as a means of interfering with other states in their internal affairs and therefore decided in favor of the National Treatment Standard on which the Calvo Doctrine is based , according to which foreigners are fundamentally subject to the jurisdiction of their host country.
The Calvo Doctrine could not prevail as a general principle, as it is de facto a waiver of diplomatic protection. According to the rules of international law , such a waiver by the affected national is not possible, since it is a right of the home state and thus only this state has according to the principle nemo plus iuris transferre potest quam ipse ( nobody can transfer more rights than he himself ) can effectively waive his exercise. After the Second World War , attempts were made to harmonize the practice of the International Minimum Standard and the National Treatment Standard on the basis of international human rights agreements. According to these endeavors, the principle applies that foreigners are treated on an equal footing with domestic citizens in their legal treatment, but the rights resulting from this should not disregard internationally accepted human rights . The United Nations addressed this issue in 1985 with the "Declaration on the Human Rights of Persons Who Are Not Citizens of the Country in which they Live".
literature
- The Treatment of Aliens. In: Malcolm Shaw : International Law. Sixth edition. Cambridge University Press, Cambridge 2008, ISBN 978-0-521-72814-0 , pp. 823-827