The Cairo bulletin., 1906-07-23


partment, and finally Il Compromise
was reached by the insertion OF the
words: whether, and if at all Just
after the word consider" in the orl
ginal article.
But some of the South Americans
are still OF the opinion that this ques-
ton should not be permitted to come
before The Hague Tribunal in any
shape, so a spirited contest Is probable
as the Rio conference discusses this
proposition. In fact DIR. Draga, the
putativo author of the doctrine bear
ing his name, refused to represent his
government in the conference, be-
cause 1t was proposed to submit this
American doctrine 10 The Hague tri-
bunal et5gu,
The Fundamental Doctrine and It's
Faults. f@
If the Drago Doctrine is 10 be ap.
proved as a sound principal OF inter
national law, it becomes important 10
know more of the details of the fun
damental OF Calvo Doctrine, upon
which 1t is built The subject may he
| interesting also because this doctrine
has already been formally evoked by
| Venezuela in the past and Is certain
to take first place in the legal battle
about to ensue as result OF fresh
and preemptory presentation by the
United States of the American claims
against that republic, AS expoupnded
by the highest authority, the doctrine
and the objections 10 IT'S application
are thus set out:
The CaIvo Clause.
disputes and controversies which
may arise with regard to the interpre
tation or execution of this CONTRACT
shall be resolved by the tribunals OF
the Republic in accordance with the
laws of the Nation, and shall not II
any case be considered as amotiye FOL
international reclamarions.'1
Nothing is better settled In la"
than that a sgitor having a CLAIM
should appeal to court of law y
which 10 have his clam passed upon
and to see justice come in the prem
Uses Courts were established for this
very purpose, in order that the parties
may not appeal to the doctrine OF sell
helm. taking the law into their owl
hands. This doctrine obtains through
ont the civilized world in matters Q
municipal law. and il should not b.
| ycr,ed unless the court is SO consu
tuted. either as TO be unable to ASSUME
jurisdiction of the claim or does no
do Justice to the claim H
| When citizens of the United States
for example, leave this country an
lostahlish themselves in foreigI
country. such as Venezuela, II neceS
sariIy follows that the American cit
zen must subject himself to the law
and customs of Venezuela. He ca
claim no greater rights or privilege
than a citizen of Venezuela ma
, claim. He may, indeed, receive les
consideration. and would ordinaril
have no right to complain unless b
could show that the Venezuelan go
| eminent Disseminated against hin
by granting greater rights or priv
eyes to a citizen Of another foreig
state, such as Great Britain for e.
ample. s4
Now mas much as a citizen OF Ven
Zuela in the matter of a contract mus
Iappeal to the court in order TO haV
any doubt or uncertainty in the col
tract cleared up and in order to o.
, tain q Judgment based upon the rlgh'
, involved, IT necessarily follows thi
a stranger residing within Venezu
, la must likewise appeal to the con
, in a case circumstanced as above.
; the same law be applied to him an
d. no discrimination be made betwee
the Venezuelan on the one hand an
the American citizen on the other,
:, no distinction made between the Al
. arican citizen and the British subjec
. there can be no ground of complain
- If, however, il appears that the cou
does not treat claims of foreigner
\, with imparliality. that foreigners al
= Disseminated against, and that thel
is lacking that impartial administr
= ton of Justice which attaches to II
erm court in civilized countries.
follows necessarily that a resort mu
be had TO other means so that iustit
= be done.
II is a fact. however, that the Sc
laration of the executive and the
dietary is not so marked or so car
fully safeguarded in Latin-Americ.
as in the English speaking world. +
which reason there os often graz
= doubt that the case in question will
: ureiudged or the court will be inf
enced directly or indirectly to acce
The view agreeable 20 the executi'
for the time being This may or ms
not mean denial Of justice.
While, therefore. the individual Al
b. erican residing in Venezuela may D
g ask that his country take up the clal
e automatically for the reason that
v must seek his redress in the courts
n justice. and for the second reason ID
e be has Tenounced expressly his rig
z 20 appeal to the diplomatic interve
4 ton of his country. still the Unit
n States owes duty 20 protect the q