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.