International Court of Justice 1964: Case concerning the Barcelona Traction, Light and Power Company Limited, Preliminary Objections (New Application: 1962)*

1965 ◽  
Vol 12 (01) ◽  
pp. 2 ◽  
Author(s):  
J. H. W. Verzijl
Keyword(s):  
International Court Of Justice ◽  
Power Company ◽  
Court Of Justice ◽  
Company Limited ◽  
International Court

International Court of Justice

1960 ◽  
Vol 14 (3) ◽  
pp. 453-459
Keyword(s):  
Time Limit ◽  
International Court Of Justice ◽  
Power Company ◽  
Court Of Justice ◽  
Company Limited ◽  
International Court ◽  
The Government

Case concerning the Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain): Preliminary objections to the jurisdiction of the International Court of Justice in the case concerning the Barcelona Traction, Light and Power Company were filed in the Registry by the government of Spain on May 21, 1960, that is, within the time-limit fixed for the filing of the Spanish counter-memorial. In consequence of the filing of the objections, proceedings on the merits of the case were suspended.

International Court of Justice

1962 ◽  
Vol 16 (3) ◽  
pp. 597-600 ◽  
Keyword(s):  
International Court Of Justice ◽  
Power Company ◽  
Court Of Justice ◽  
Company Limited ◽  
International Court ◽  
The Subject

Case concerning the Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain): On June 19, 1962, the Belgian government filed with the Registrar of the Court an application instituting new proceedings against Spain on the subject of the Barcelona Traction, Light and Power Company, Limited. This claim, the subject of which is reparation for the damage caused to a number of Belgian subjects by organs of the Spanish state, had been the subject of earlier proceedings brought before the Court. Because of the possibility of negotiating the issue, the Belgian government had informed the Court that it did not wish to continue proceedings, and the Court on April 10, 1961, had removed the case from its list. The negotiations, however, failed, and the Belgian government had instituted new proceedings.

The Protection of Shareholders' Interests in the Light of the Barcelona Traction Case

1973 ◽  
Vol 67 (2) ◽  
pp. 259-274 ◽  
Author(s):  
F. A. Mann
Keyword(s):  
International Law ◽  
General Rule ◽  
Legal Rights ◽  
International Court Of Justice ◽  
Power Company ◽  
Diplomatic Protection ◽  
Court Of Justice ◽  
Company Limited ◽  
International Court ◽  
Special Circumstances

Professor Briggs’ summary of the decision of the International Court of Justice in the Case Concerning the Barcelona Traction, Light and Power Company Limited fairly recapitulates the principal reasons which led the Court to deny “the existence of any general rule of international law or of any special circumstances or considerations of equity which confer a right of diplomatic protection of national shareholders in a foreign company where the acts complained of were directed by authorities of a third state against the company rather than against any legal rights of the shareholders as such.”

Barcelona Traction: The Jus Standi of Belgium

1971 ◽  
Vol 65 (2) ◽  
pp. 327-345 ◽  
Author(s):  
Herbert W. Briggs
Keyword(s):  
General Rule ◽  
Foreign Company ◽  
Legal Rights ◽  
Second Phase ◽  
International Court Of Justice ◽  
Power Company ◽  
Diplomatic Protection ◽  
Company Limited ◽  
International Court ◽  
Special Circumstances

In its Judgment of February 5, 1970, in the Case Concerning the Barcelona Traction, Light and Power Company, Limited (New Application, 1962, Belgium v. Spain, Second Phase), the International Court of Justice, by a vote of 15 to 1, rejected, for lack of jus stanai, a Belgian claim of a right of diplomatic protection of alleged Belgian shareholders in a Canadian company allegedly victim of a series of denials of justice by Spanish authorities. Essentially, the Court’s decision denies the existence of any general rule of international law or of any special circumstances or considerations of equity which confer a right of diplomatic protection of national shareholders in a foreign company where the acts complained of were directed by authorities of a third state against the company rather than against any legal rights of the shareholders as such. The opinion of the Court is, for the most part, soundly reasoned and comes after thorough argument of the precedents and brilliant presentation of opposing contentions of law and fact by distinguished counsel. Attorneys may safely advise clients that the Court’s opinion sets forth the existing law and that any special protection of shareholders as such in a foreign company must be based on treaty stipulations or special agreements.

Judge Peter Kooijmans

1997 ◽  
Vol 10 (1) ◽  
pp. 122-126 ◽  
Author(s):  
Johan G. Lammers
Keyword(s):  
World War Ii ◽  
International Law ◽  
Ad Hoc ◽  
Foreign Affairs ◽  
World War ◽  
International Court Of Justice ◽  
Power Company ◽  
Court Of Justice ◽  
International Court ◽  
High Level

In a small note which Peter Kooijmans wrote to me in answer to a letter in which I congratulated him with his election as Judge in the International Court of Justice – the first Netherlands Judge in the Court after World War II apart from Professor Riphagen who only served as a Judge ad hoc in the Barcelona Traction, Light and Power Company Ltd. case – he stated that he considered himself to be a privileged man. Privileged, because the new position would allow him to continue to remain active in the field of international law considerably beyond the retirement age of 65 which applies to professors of international law and most other people in The Netherlands. Privileged, I would like to add, also in another respect. Very rarely it will be given to one person in his lifetime to fulfil so many different honourable positions in the field of international law and international relations at such a high level of responsibility as has been the case with Peter Kooijmans: Professor of public international law, United Nations Special Rapporteur on Torture, State Secretary (Staatssecretaris) for Foreign Affairs, in particular disarmament matters (1973–1977), Minister for Foreign Affairs and, finally, Judge in the International Court of Justice.

UN INTERNATIONAL COURT PRACTICE: ACHIEVEMENTS AND CHALLENGES

2020 ◽  
Author(s):  
Мадина Алиевна Умарова
Keyword(s):  
United Nations ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
Court Practice

В статье анализируется практика Международного суда ООН, определяются проблемные аспекты его деятельности, обусловленные рядом проблем как правового, так и международного характера. The article analyzes the practice of the International Court of Justice of the United Nations, identifies the problematic aspects of its activities, due to a number of problems, both legal and international.

ADVISORY JURISDICTION OF THE UN INTERNATIONAL COURT

2020 ◽  
Author(s):  
Аниса Асламбековна Попанова
Keyword(s):  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Emerging Issues

В Статуте Международного Суда ООН содержится положение о том, что в компетенцию Суда входит не только функция по разрешению любого рода международных споров, возникающих между двумя и более государствами, но и функция по предоставлению консультаций по любым возникающим вопросам международного характера. В статье автором предпринята попытка по ее всестороннему анализу. The Statute of the UN International Court of Justice contains a provision that the competence of the Court includes not only the function of resolving any kind of international disputes arising between two or more states, but also the function of providing advice on any emerging issues of an international nature. In the article, the author made an attempt to comprehensively analyze it.

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