Barcelona Traction at 40: The ICJ as an Agent of Legal Development

Leiden Journal of International Law, Vol. 23, pp. 781-800, 2010

28 Pages Posted: 20 Jun 2010 Last revised: 11 Sep 2010

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Date Written: June 17, 2010

Abstract

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.

Keywords: International Court of Justice, Barcelona Traction, dispute settlement, diplomatic protection, nationality of claims, obligations erga omnes, development of international law, lawmaking, obiter dicta

Suggested Citation

Tams, Christian J. and Tzanakopoulos, Antonios, Barcelona Traction at 40: The ICJ as an Agent of Legal Development (June 17, 2010). Leiden Journal of International Law, Vol. 23, pp. 781-800, 2010. Available at SSRN: https://ssrn.com/abstract=1626163

Christian J. Tams

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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