| 释义 |
Calvo clause
A clause in a contract stating that the parties to the contract agree to rely exclusively on domestic remedies in the event of a dispute. The insertion of such a clause in a contract was an attempt, originally by Latin American countries, to eliminate diplomatic intervention should a dispute arise with a foreign national: by making such a contract the foreign national was said to have renounced the protection of his government. The clause, which is named after the Argentine jurist Carlos Calvo (1824–1906), is in effect in most cases superfluous—firstly, because diplomatic intervention belongs to the state only, and thus cannot be renounced by an individual; and secondly, because the exhaustion of local remedies is always taken to be a condition precedent to appealing for diplomatic intervention. Since the 1930s such clauses have not been used in international disputes. |