Case Concerning the Barcelona Traction, Light and Power Company, Limited

Abstract

1International law in general — Sources — Equity — Relevance to right of diplomatic protection — Whether conferring right of diplomatic protection on national State of shareholders if national State of company unable or unwilling to act — Practical problems of competing diplomatic claims.Relation of international law to municipal law — Diplomatic protection — Shareholders — Renvoi to municipal law to determine rights of shareholders — Whether determining right of diplomatic protection.State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Denial of justice — Exhaustion of local remedies — Acts of courts injurious to foreign corporation — When local remedies are exhausted — Whether there is a right of diplomatic protection of shareholders in customary international law.Claims — Nationality of — Corporations — Diplomatic protection of shareholders — Whether there is a right of diplomatic protection of shareholders in customary international law — Relevance of equity — Relevance of municipal law for determining rights of shareholders — Exhaustion of local remedies — Wrongful acts of local courts — Denial of justice.The individual in international law — Nationality — As determining right of protection of citizens abroad — Shareholders in foreign corporation — Whether there is a right of diplomatic protection of shareholders in third State in international law — Nationality of corporations — Genuine link or connection with State of incorporation — Right of diplomatic protection — Criteria for determining — Whether right of diplomatic protection only for State of incorporation — Whether there is a right of diplomatic protection of shareholders in customary international law.Treaties — Conclusion and operation of — Effect of treaties on third parties — Statute of International Court of Justice (Article 37) — States admitted to membership of United Nations and becoming parties to Statute after drafting of Statute and after dissolution of Permanent Court of International Justice — Whether Article 37 applicable — Comparison with Article 36 (5) — Aerial Incident Case distinguished — Interpretation of treaties — Principles and rules of — Reference to preparatory work — Intention of parties — Provisions to be applied to all parties without distinction irrespective of date of adherence — Interpretation in figurative sense — Context — Consideration of preparatory work — As evidence of intention of parties — Whether opposable to State becoming party to Statute subsequent to its drafting.Disputes — International Court of Justice — Contentious jurisdiction — Competence — Statute (Articles 68 and 69) — Discontinuance — Significance of — Whether a bar to future proceedings — Article 37 — 2Whether distinguishable from Article 36 (5) — Whether applicable to States becoming parties to Statute after dissolution of Permanent Court of International Justice — Whether Aerial Incident Case distinguishable — Meaning of phrases “in force” and “provides for” and “the parties to the Statute” — Joinder of preliminary objections to merits — Significance of — When appropriate — Nationality of claims rule — Local remedies rule — Admissibility — Jus standi — Whether there is a right of diplomatic protection of shareholders in customary international law — Whether there is a right of protection of economic interests — Whether considerations of equity relevant to determine jus standi.