投资问题(判例).docVIP

投资问题 Cases Summaries of Judgment and Separate (Dissenting)Opinion Rules or Principles ICJ1970 Case Concerning the Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) The Court observed that when a State admitted into its territory foreign investments or foreign nationals it was bound to extend to them the protection of the law and assumed obligation concerning the treatment to be afforded them. But such obligations were not absolute. In order to bring a claim in respect of the breach of such an obligation, a State must first establish its right to do so. An injury to the shareholder’s interests resulting from an injury to the rights of the company was insufficient to found a claim. Where it was a question of an unlawful act committed against a company representing foreign capital, the general rule of international law authorized the national State of the company alone to exercise diplomatic protection for the purpose of seeking redress. No rule of international law expressly conferred such a right on the shareholder’s national State. An act directed against and infringing only the company’s rights does not involve responsibility towards the shareholders, even if their interests are affected It had been maintained that a State could make a claim when investments by its nationals abroad, such investments being part of a State’s national economic resources, were prejudicially affected in violation of the right of the State itself to have its nationals enjoy a certain treatment .But, in the present state of affairs, such a right could only result from a treaty or special agreement. And no instrument of such a kind was in force between Belgium and Spain . “Not a mere interest affected, but solely a right infringed involves responsibility, so that an act directed against and infringing only the company’s rights does not involve responsibility towards the shareholders, even if their interests are affected.” (I.C.J. Reports 1970, p. 36, para. 46.) 起诉权