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calvo clause

English · KAL-voh clause · International law

Meaning. A contract term by which a foreign investor agrees to seek remedies only in the host state's courts.

Named after the Argentine jurist Carlos Calvo, the clause appeared in Latin American concession contracts and constitutions. The foreign party promises to treat itself as a national for the contract and to give up diplomatic protection by its home state.

International law gives the clause only limited effect. The right of diplomatic protection belongs to the state, not to the individual, so a private investor cannot waive it on the state's behalf. Tribunals have read the clause as requiring the investor to exhaust local remedies first, while leaving the home state free to intervene for a denial of justice. Modern investment treaties with investor-state arbitration have largely displaced it.

Example

Even with a Calvo clause in the concession, the home state may espouse the claim once local courts deny justice, because the right of diplomatic protection is the state's own.

In Indian law

  • North American Dredging Co. of Texas (U.S.A.) v. United Mexican States (General Claims Commission, 1926): clause upheld only as a rule on exhausting local remedies

See also

exhaustion of local remedies · state responsibility · nationality

Read more in the study notes

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