Barcelona Traction

The Barcelona Traction, Light and Power Company was a company founded in 1911 in Canada with a majority of Belgian company owners. The majority of economic activity, however, was carried out in Spain. 1948, the company in Spain was declared bankrupt, leading to a process between Belgium and Spain before the International Court of Justice ( ICJ) according to the Belgium lost. The 1970 judgment delivered is considered groundbreaking in terms of the diplomatic protection of legal persons and international obligations erga omnes.

The process

After Canada, had, hard to be the Mother of the company does not process because Canadians were involved only to a minor extent, Belgium submitted the matter to the ICJ. Spain then led to four preliminary Objections.

The judgment

In its judgment of 5 February 1970, the ICJ denied the ius standi, ie, the right of action, Belgium. Since the Barcelona Traction in Canada as a legal entity still had on hand, only Canada could seek to redress.

As opposed and obligations erga omnes are discussed in the judgment, that legal obligations to be observed by a state against all other states. In a breach of an erga omnes obligation thus each state is entitled to under international law measures. Examples of such duties, the prohibition of aggression, the prohibition of genocide, the principles and rights of the basic human rights are concerning, in particular the protection from slavery and racial discrimination enumerated.