Sunday, March 25, 2012

Barcelona Traction Case | Belgium v. Spain case brief

Barcelona Traction Case (Belgium v. Spain; ICJ 1970; p. 325)
  • Case was very traditional and pushed the law backwards!
  • Govt of things did things to BT causing it to go bankrupt. Canada tried to get Spain to agree and Spain refused. Canada wasn’t allowed to bring an action. Spain was being cynical knowing Belgium suit wldn’t succeed. (Some stockholders lived in Belgium).
  • Holding: Belgium cannot represent citizens whose shareholder rights were affected by Spain.
  • Ct relies on erga omnes. No genuine link btwn BT/Belgium so no standing.
  • What about corporation as an individual?
  • Like SW Africa Case—Canada can’t really take action unless Spain agrees to arbitration.
  • N. 4, p. 337—where does BT go? If there had been a bilateral treaty btwn Belgium/Spain—it wld have had to be constructed in a way to recognize the rights of shareholders. N. 5, p. 337—“genuine link.”

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