Golia on the Calvo Doctrine

Angelo Golia (University of Salerno, Department of Political Science) has posted Counter-Limits Beyond Europe? The Latin American Calvo Doctrine from a Comparative Law Perspective (Annuario di diritto comparato e studi legislativi, Forthcoming) on SSRN.  Here is the abstract: Adopting a functional approach, the article compares European ‘constitutional disobedience’ doctrines and the Calvo doctrine. This latter, elaborated to counteract interventions of foreign powers and positivized in several Latin-American constitutions, has been re-discovered as a counter-hegemonic instrument against sources of international economic law based on neo-liberal ideology. Positive law and judicial practice show that, while today both the European and Calvo doctrines protect the axiological identity of domestic orders against ‘outer’ legal systems influenced by utilitarian rationalities, their implementation and efficacy largely diverge, due to their…

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