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Words: | Submitted: Mon Jun 19 2006
... the Case6 The claim arose out of the adjudication in bankruptcy in Spain of Barcelona Traction. Its object was to seek reparation for damage alleged by Belgium to have been sustained by Belgian nationals, shareholders in the company, as a result of acts said to be contrary to peremptory norms of general international law committed towards the company by organs of the Spanish State. The Claimant, the Belgian Government, contended that after the First World War Barcelona Traction share capital came to be very largely held by alleged Belgian nationals, but the Respondent, the Spanish Government, maintained that the Belgian nationality of the shareholders was not proven. The Respondent raised four preliminary objections. The third was that the Claimant lacked capacity to submit any claim in respect of wrongs done to a Canadian company even if the shareholders were Belgian. The fourth objection was to the effect that local remedies ...
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