The International Court of Justice delivered judgment, by 15 votes to 1. b. Belgium filed a claim against Spain for damages against Belgian nationals who were shareholders of Traction … Whether Belgium lacked jus standi to exercise diplomatic protection of Belgian shareholder interest in the Canadian Barcelona Traction company (largely owned by Belgian shareholders) which was allegedly damaged by actions taken by the Spanish government, and if so, whether the claim was thereby inadmissible. It had issued bonds to non-Spanish investors, but during the Spanish Civil War the Spanish government refused to allow BTLP to transfer currency to pay bondholders the interest they were due. Judge Petrén and Judge Onyeama make the following Joint Declaration: Judge Lachs makes the following Declaration : Separate Opinion of President Bustamante Y Rivero, Separate Opinion of Judge Sir Gerald Fitzmaurice, II The Question of Belgium's Locus Standi in Judicio 2, III Equitable Considerations and Equity as a System, IV Nationality of The Shareholders And Continuity of Shareholding. Barcelona Traction, Light and Power Company was a Canadian utility company that operated light and power utilities in Catalonia, Spain. Barcelona Traction, Light and Power Company Limited (New Application, 1962), Belgium v Spain, Judgment, Merits, Second Phase, ICJ GL No 50, [1970] ICJ Rep 3, (1970) 9 ILM 227, ICGJ 152 (ICJ 1970), 5th February 1970, United Nations [UN]; International Court of Justice [ICJ] The Belgian shareholders, or rather sterling bondholders, were paid interest on their bonds through f… Rep. 6; 1970 I.C.J. Judgment of 5 February 1970. It evaluates the lasting influence of the Court's pronouncements on the nationality of corporations and on obligations erga omnes, and uses the case to illustrate the Court's role as an influential agent of legal development. 1970 I.C.J. Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) (New Application: 1962) I.C.J. The company was developed by Belgian-American engineer Dannie Heineman. You could not be signed in, please check and try again. In 1948 a group of bondholders sued in Spain to declare that BTLP had defaulted on the ground it had failed to pay the interest. In its judgment in the second phase of the case concerning the Barcelona Traction, Light and Power Company, Limited (New Application: 1962) (Belgium v. Spain), the Court rejected Belgium's claim by fifteen votes to one. The Government of Belgium in 1958 filed an application before the I.C.J. (B) The “Continuity” of Claim Requirement, V Issues Connected with the Fourth Preliminary Objection, (2) Exhaustion of local remedies: the question of notification, VI The Philosophy of Joinder to the Merits, The Right to Extend Diplomatic Protection to Corporate Enterprises, The Record of Actual Diplomatic Representations, The Question of Double or Multiple Protection, Subject of the Dispute and Object of the Claim, The Problem of the Diplomatic Protection of Shareholders. 5 february 1970. case concerning the barcelona traction, light and power company, limited (new application 1962) (belgium v. It operated a number of subsidiaries in Spain, under Spanish law, through which it provided electricity in Spain. 3. content. Case Concerning The Barcelona Traction, Light And Power Company, Limited (Belgium v. Spain) I.C.J. Barcelona Traction, Light, and Power Company, Ltd was a corporation incorporated in Canada, with Toronto headquarters, that made and supplied electricity in Spain. (1) Onus of proof, question of quantum, etc. Barcelona Traction, Light and Power Company was a Canadian company, created in 1911 and that operated and provided light and power utilities in Spain. Barcelona Traction Light and Power Co ltd (Belgium V Spain, ICJ 1970)Principle: Companies are separate entity in the eye of law.Fact: The Barcelona Traction, Light and Power Co. Ltd., (hereinafter called Barcelona Traction) were a Canadian company. From: Oxford Public International Law (http://opil.ouplaw.com). All Rights Reserved.date: 08 October 2020. This company was registered and had its head office in Canada. It was incorporated on September 12, 1911 in Toronto, Ontario, Canada by Frederick Stark Pearson. 3. international court of justice. Barcelona Traction also owned the shares of several other companies, … Brief Fact Summary. The greater part of its share capital belonged to Belgian nationals. The Barcelona Traction case is one of the most important, and needed to be analyzed in order to understand Public International Law. The article revisits the Barcelona Traction judgment of the International Court of Justice, rendered forty years ago. It operated in Spain but was owned mostly by the Belgian holding companies SOFINA and SIDRO and became the subject of the important International Court of Justice case, Belgium v. Spain. Barcelona Traction Co. Case. An actions for damages against Spain (D) on the premise that its nationals as shareholders of the Barcelona Traction Co., incorporated and registered in Canada had been seriously harmed by Spain’s (D) actions resulting in expropriation, was brought by Belgium (P). (c) Oxford University Press, 2015. Reports 1964 Facts a. Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) (New Application: 1962) ... Summary of the Judgment of 5 February 1970 Available in: English French Cases Previous Next Overview of the case Institution of proceedings Preliminary objections Written proceedings Oral proceedings Other documents Orders Judgments Rep. 3. Belgium tried to exercise a right of diplomatic protection on behalf of the Belgian shareholders of the Barcelona Traction, Light & Power Company. Please, Barcelona Traction, Light and Power Company Limited (New Application, 1962), Belgium v Spain, Judgment, Merits, Second Phase, ICJ GL No 50, [1970] ICJ Rep 3, (1970) 9 ILM 227, ICGJ 152 (ICJ 1970), 5th February 1970, United Nations [UN]; International Court of Justice [ICJ], International law and international relations, Relationship between international and domestic law, Sources, foundations and principles of international law, Statehood, jurisdiction of states, organs of states, Middle Eastern Organizations/Institutions. Synopsis of … The Spanish cou Quick Reference (Belgium v. Spain) 1964 I.C.J. Users without a subscription are not able to see the full