The Discussion On The Impact Of The Calvo Doctrine On International Investment Law

In nineteen sixty’s, along with the colonial investment of thecapitalist countries in Latin America’s, the Calvo Doctrine, as a theoryto protect Latin American country’s economic against foreigninterference and to safeguard national sovereignty, was put forward bythe first time. After its’ dependence, the Calvo Clause was set by manyLatin American countries in their domestic legislations, internationalinvestment agreements. At that time, the Calvo Doctrine, has influencenot only in Latin America but also in other countries. However, in theseyears, the Calvo Doctrine seems to be recovering because of so many casesabout international investment arbitration. China is a developing country,and there are many defects in its domestic investment legislations andinternational investment treaties. By rearching on the Calvodoctrine,this article tries to put forward some suggestion on thedevelopment of our country.The first chapter of this article is the introduction of the CalvoDoctrine. First, it introduces the background of its generation and thereasons for its prevalence. Then by analyzing the meaning of the Calvo Doctrine and the comparison with other principles of the internationallaw, the article tries to give a more clearly understanding on the ClavoDoctrine. Finally it discusses the impact and the significance of theCalvo Doctrine on the international investment.The second chapter of this article analysis the three stages,prosperity, depression, and recovery, of the Calvo Doctrine and itsdifferent historical background, and its reflection on the legislationand judiciary of its different stages. Then this part analyzes thedifferent attitudes and the reasons by different countries to the CalvoDoctrine at its different stages.The third chapter first introduces the legislative framework and thecharacteristics of Chinese investment law of its different periods. Thenthrough the analysis on Chinese domestic legislations and itsinternational treaties, this part introduces the development stages ofthe Calvo Doctrine in China. At last this article puts forward thelegislative suggestion about Chinese international investment law bycombinding the analysis on the problems of Chinese internationalinvestment law with the trend of the recovery of the Calvo Doctrine.The closing words points out that in this time, we shouldn’t refuseor accept the Calvo Doctrine totally. We should have different attitudeswhen facing different situations. And when signing two-way-investment-treaties, we should try harder to protect the profits of our country.