Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-18
CALVO'S DOCTRINE
BASIS OF DISPUTE
Mexico and Other Latin
Americans Seek to Prevent
Foreign Control.
BY FREDERIC WILLIAM VILE.

III FhEDEhA WILLIAM VILE.
"'The Calvo doctrine originated by
the late Argentinian statesman of that
name--lies at the root of the United
States controversy with Mexico over
oil and land laws. Under the doctrine s
operation. aliens With grievances or
fancied rights, property and other
wise, have no more privileges under
the laws of Latin American countries
than those countries own citizens. In
particular the Calvo doctrine denies
the right of any foreign government
10 interfere in behalf of it's nationals
who may come into conflict with 10
cal laws.
Mexico officially espouses the C;alVo
doctrine. 1t writes into contracts with
foreign firms and individuals q "Calvo
clause whereby in effect the persons
in question for all practical purposes
write themselves down as Mexican
citizens. In opposing the present poll
cles of the Mexican government. the
Coolidge administration is actually
protesting against the Calvo doctrine.
Mexico may not be the only Latin
American country against which Uncle
sam Will have to raise the same point.
More than one of the other southern
republics adhere TO the Calvo policy.
During the past year there has been
concrete test of the CalVo doctrine
here at Washington. The North
American DIR dying Co.. d Texas cor
poration. claimed $500 600 on S400, 900
from Mexico under contract for
dredging the harbor of Salina Cruz.
The contract contained a "Calvo
clause" The United States agent.
arguing the case before the General
Claims Commission. United States and
Mexico, made a powerful plea chal-
longing the soundness of the Calyo
doctrine in international law.
Rights Are Questioned
The agent, Col. Henry W. Ander-
son of Richmond. Va, set forth that
the Mexican government. on the one
hand, was without authority TO i'm.
Dose upon American citizens the
abandonment of their national rights,
end that. on the other hand American
citizens cannot. of their own volition
abrogate the right of the United States
Government to protect the interests of
its nationals in for ign coun RES
The general claims commission.
which consists of an American
Mexican and "A llollaEder C. van Vol
lenhoVen. formerly a professor OF
colonial law at Leyden University.
l1oliandl unanmouely decided against
''AS sNA1S1 MI! NOI1tt BdttA l tlt COil1Il1IS-
sion identified itself with the conten-
ton Of the Mexican government that
the North American Dredging Co.
having accepted the 'tCslNo clause in
its contract. forfeited the privilege Of
the United States Government sun
mort. The Texas corporation was
thereupon thrown back upon the re-
cnu"e" IT suing for lis claims in the
mexican law courts. exactly a. il ii
were body of Mexican citizens.
For ye"rs il appears. Mexico has
been accustomed to demand that
Aliens desiring TO do business in that
countrf should formally accept the
implications OF the Calvo doctrine.
None of the American oil compa MES
which are now at loggerheads with
the Gales regime seem to have signed
on the dotted lire. But practically
wha III" NOV Mexican constitution. in
aftct" does is TO subject aliens
" ''.'0t' 81 Suhsnil interests to the
basis provisions Of the Calvo doctrine.
Hostile TO Monroe Doctrine.
Senior CalNo. now deceased. promul-
gated his doctrine 10 or / S wears ago
lie was then one of Areentina's fore
most publ1c men and had shortly be
fore represented his country at the
second Hague peace conference. The
Calvo doctrine. as it has since been
known throughout Latin America
frankly seeks to illustrate the period
lcal interference of outs de govern
ments in the affairs of less advanced
Latin American countries on occa-
sions when the interests Of non-Latin
Americans require protection. The
doctrine is hostile in intent to the
Monroe doctrine and the implications
which the United States is accustomed
TO associate Herewith.
In essence. the Calvo doctrine sets
up the principle that an alien can have
no greater rights than A citizen of the
country in which the alien happens TO
be. None Of the Latin American re,
publics has gone farther than Mexico
in invoking the Caivo doctF ne. The
'CalVo clause in Mexican-fo foreign
agreements virtually makes Mexican
citizens of aliens who over their sig
natures, accept the clause. By that
token aliens renounce the right Of
their respective governments to inter
vene on their behalf or afford them
any protection whatever.
If by arbitration or other means the