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Title: Aspects of international investment claims concerning Latin America : the relation of private claims to diplomatic protection
Author: Escobar, A. A.
Awarding Body: University of Cambridge
Current Institution: University of Cambridge
Date of Award: 1996
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The dissertation attempts to assess some effects of the conclusion of Bilateral Investment Treaties (BITs) by Latin American states on the traditional position of those states in regard to the protection of foreign investment under international law (the Calvo Doctrine). An introductory chapter sets out terms of reference. A second chapter compares the Monroe and Calvo Doctrines as examples of broad propositions which have justified practice leading to the formation of specific rules. Instances of compromise regarding issues of non-intervention may be contrasted with lack of compromise regarding issues of investment protection. Recent developments in regional economic policy may be viewed as an instance of compromise resulting in the acceptance of common rules concerning foreign investment. A third chapter compares the Calvo Doctrine to the articulation of standards for the protection of property in early bilateral treaties concluded by Latin American states. The rules regarding responsibility for breach of State contracts are addressed in order to illustrate the relevance of a national treatment standard. A fourth chapter reviews the case-law on the "Calvo clause". The underlying propositions of this case-law emphasise the relation between international claims vested in the private claimant and the control of those claims by the claimant's state of nationality. A fifth chapter discusses bilateral treaty provisions for the protection of investment and the decision of a Chamber of the International Court of Justice in the 1989 Elettronica Sicula (ELSI) case. Treaty practice has relied on traditional standards, including national and most-favoured-nation treatment, and treatment according to international law, in order to protect investors' rights. The duty to afford "fair and equitable" treatment may refine the duty of non-discrimination. Provisions for the observance of obligations undertaken by host states towards investors seem to conform to those standards.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available