399. Effect of Calvo clauses.

In so far as a Calvo clause1 provides for submission of disputes to the local courts, it appears to do no more than to state the requirement of exhaustion of local remedies2 and is therefore unnecessary, but in so far as it imports a submission to the local law it may be effective3. In so far as the clause purports to be a waiver of the rights of the alien and of the right of his state to make a claim on his behalf by way of diplomatic protection, it appears to be invalid