Barcelona Traction, Light and Power Company Ltd,
(Belgium v. Spain)
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Citation. I.C.J.
1970 I.C.J. 3.
Brief Fact Summary. Belgium (P) claimed Spain (D) should be
held accountable for the injury to a Canadian corporation operating in Spain.
Synopsis of Rule of Law. A state assumes an obligation concerning
the treatment of foreign investments based on general international law, once
the state admits foreign investments or foreign nationals into its territory.
Facts. On behalf of Belgian nationals (P) who had
invested in a Canadian corporation, Belgium (P) sued Spain (D) on the premise
that Spain (D) was responsible for acts in violation of international law that
had caused injury to the Canadian corporation and its Belgian shareholders (P).
Issue. Does a state assumes an obligation concerning the treatment
of foreign investments based on general international law, once the state
admits foreign investments or foreign nationals into its territory?
Held. Yes. A state assumes an obligation concerning the treatment
of foreign investments based on general international law, once the state
admits foreign investments or foreign nationals into its territory. It is
highly imperative to draw a distinction between those obligations of a state
toward the international community as a whole and those arising from the field
of diplomatic protection. It is only the party to whom an international
obligation is due can bring a claim if a breach of an obligation that is the
subject of diplomatic protection occurs.
Discussion. The basic right of all human persons was mentioned by the
Court to be protected against slavery and racial discrimination as deriving
from basic general international law. Such rights may derive from international
instruments of a universal or quasi-universal character. Such obligations are
obligations erga omnes, that is, all states have a legal interest in their
protection.
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