Legal Material

Barcelona Traction, Light and Power Company, Limited, Belgium v Spain (New Application, 1962), Belgium v Spain, Preliminary Objections, Judgment, [1964] ICJ Rep 6, ICGJ 151 (ICJ 1964), 24th July 1964, International Court of Justice [ICJ]



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How to rule on the admissibility of Belgium's claim for Spanish reparations to compensate for damage allegedly caused to Belgian nationals (shareholders in the Canadian Barcelona Traction Company) by the Spanish government.

Whether the discontinuance of an earlier application on the same facts (Removal From List, Order; Barcelona Traction, Light and Power Company, Limited, Belgium v Spain) prevented the Court from later deciding on the merits of the case.

Whether the Court had jurisdiction to hear the dispute under Article 17(4) of the 1927 Treaty between Belgium and Spain, which provided that either party could bring any dispute of a legal nature before the Permanent Court of International Justice (‘PCIJ’), and under Article 37 of the Statute of the International Court of Justice, considering the dissolution of the PCIJ in 1946.

Whether to decide on the issue of whether international law recognized the jus standi of Belgium in its claim to protect Belgian shareholding interests in respect of injury caused by a state to a foreign company, as opposed to a claim to protect actual Belgian natural or juristic persons permitted by the principle of diplomatic protection.

Keywords: Diplomatic protection; Estoppel; Exhaustion of local remedies; International courts and tribunals, admissibility of claims; International courts and tribunals, jurisdiction; International courts and tribunals, procedure; Treaties, interpretation; Treaties, invalidity, termination, suspension, withdrawal

Legal Material.  74567 words. 

Subjects: International Economic Law ; Public International Law ; International Law ; Law

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