For Your Data The Barcelona Traction Illustration Event Brief Summary
February 02, 2019
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The Barcelona Traction Case case brief summary (1970; ICJ)
Facts: Barcelona Traction was a enterprise that controlled low-cal in addition to ability utilities inwards Kingdom of Spain in addition to was incorporated inwards Toronto, (Canada). In 1948, at that spot was an adjudication inwards bankruptcy inwards Kingdom of Spain of Barcelona Traction. Its object was to attempt reparation for harm alleged past times Kingdom of Belgium to get got been sustained past times Belgian nationals, shareholders inwards the company. The Belgian Government, contended that afterwards the First World War Barcelona Traction percentage majuscule came to endure rattling largely held past times alleged Belgian nationals, simply the Castilian Government, maintained that the Belgian nationality of the shareholders was non proven.
Issue: Whether Kingdom of Belgium tin convey this illustration inwards the ICJ.
Answer: No.
Holding: Belgium's claim is rejected.
Reasoning: The Belgian authorities lacked the standing to do diplomatic protection of Belgian shareholders inwards a Canadian companionship alongside honour to measures taken against that companionship inwards Spain. The courtroom ruled on the side of the Spanish, asset that solely the nationality of the enterprise (the Canadians) tin sue. The illustration is of import as it demonstrates how the concept of diplomatic protection nether international police describe tin use every bit to corporations as to individuals.
Case notes for The Barcelona Traction Case:
Facts: Barcelona Traction was a enterprise that controlled low-cal in addition to ability utilities inwards Kingdom of Spain in addition to was incorporated inwards Toronto, (Canada). In 1948, at that spot was an adjudication inwards bankruptcy inwards Kingdom of Spain of Barcelona Traction. Its object was to attempt reparation for harm alleged past times Kingdom of Belgium to get got been sustained past times Belgian nationals, shareholders inwards the company. The Belgian Government, contended that afterwards the First World War Barcelona Traction percentage majuscule came to endure rattling largely held past times alleged Belgian nationals, simply the Castilian Government, maintained that the Belgian nationality of the shareholders was non proven.
Issue: Whether Kingdom of Belgium tin convey this illustration inwards the ICJ.
Answer: No.
Holding: Belgium's claim is rejected.
Reasoning: The Belgian authorities lacked the standing to do diplomatic protection of Belgian shareholders inwards a Canadian companionship alongside honour to measures taken against that companionship inwards Spain. The courtroom ruled on the side of the Spanish, asset that solely the nationality of the enterprise (the Canadians) tin sue. The illustration is of import as it demonstrates how the concept of diplomatic protection nether international police describe tin use every bit to corporations as to individuals.
Case notes for The Barcelona Traction Case: