Barcelona Traction at 40: The ICJ as an Agent of Legal Development
Christian J. Tams
University of Glasgow, School of Law
University of Oxford - Faculty of Law
June 17, 2010
Leiden Journal of International Law, Vol. 23, pp. 781-800, 2010
This contribution revisits the International Court of Justice's landmark decision in the Barcelona Traction case forty years later. It evaluates two pronouncements that the Court made in the case, with respect to the nationality of corporations for purposes of diplomatic protection, and with respect to obligations erga omnes, from the perspective of the Court's importance as an agent for the development of international law.
Number of Pages in PDF File: 28
Keywords: International Court of Justice, Barcelona Traction, dispute settlement, diplomatic protection, nationality of claims, obligations erga omnes, development of international law, lawmaking, obiter dictaAccepted Paper Series
Date posted: June 20, 2010 ; Last revised: September 11, 2010
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