Barcelona Traction
The Barcelona Traction, Light and Power Company was a company founded in Canada in 1911 with mostly Belgian owners. Most of the economic activity was carried out in Spain . In 1948 the company was declared bankrupt in Spain, resulting in a lawsuit between Belgium and Spain in the International Court of Justice (ICJ), which Belgium lost. The judgment passed in 1970 is considered to be groundbreaking with regard to the diplomatic protection of legal persons and to obligations under international law erga omnes .
The process
After Canada, as the mother country of society, did not initiate a lawsuit because Canadians were only marginally involved, Belgium referred the matter to the ICJ. Spain then cited four preliminary objections .
The judgment
In its judgment of February 5, 1970, the ICJ denied Belgium's ius standi, i.e. the right to bring an action. Since the Barcelona Traction continued to exist as a legal entity in Canada, only Canada could seek legal protection.
In contrast, duties erga omnes are entered into in the judgment, i.e. legal duties that a state must comply with towards all other states. In the event of a breach of an erga omnes obligation, every state is therefore entitled to take measures under international law. Examples of such obligations are the prohibition of aggression, the prohibition of genocide, the principles and rights relating to basic human rights, in particular the protection against slavery and racial discrimination.
Web links
- ↑ Ignaz Seidl-Hohenveldern : The development of diplomatic protection for legal persons, in: Lectures, speeches and reports from the Europa-Institut (No. 249) p.11