Barcelona Traction at 40: The ICJ as an agent of legal development

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Authors

The article revisits the Barcelona Traction judgment of the International Court of Justice, rendered forty years ago. It evaluates the lasting influence of the Court's pronouncements on the nationality of corporations and on obligations erga omnes, and uses the case to illustrate the Court's role as an influential agent of legal development. In this respect, it identifies a number of factors that can help to explain under which circumstances judicial pronouncements are likely to shape the law. Copyright © Foundation of the Leiden Journal of International Law 2010.
Original languageEnglish
JournalLeiden Journal of International Law
Volume23
Issue number4
Pages (from-to)781-800
Number of pages20
ISSN0922-1565
DOIs
Publication statusPublished - 12.2010
Externally publishedYes

    Research areas

  • community interest, development of international law, diplomatic protection, international community, International Court of Justice, lawmaking, nationality of corporations, obligations erga omnes
  • Law