Case Concerning Barcelona Traction, Light, And Power Company, Ltd
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Case Concerning Barcelona Traction, Light, And Power Company, Ltd
''Case Concerning Barcelona Traction, Light, and Power Company, Ltd'' 970ICJ 1is a public international law case, concerning the abuse of rights. Facts Barcelona Traction, Light, and Power Company, Ltd was a corporation incorporated in Canada, with Toronto headquarters, that made and supplied electricity in Spain. It had issued bonds to non-Spanish investors, but during the Spanish Civil War (1936–1939), the Spanish government refused to allow BTLP to transfer currency to pay bondholders the interest that they were due. In 1948, a group of bondholders sued in Spain to declare that BTLP had defaulted on the ground that it had failed to pay the interest. The Spanish court allowed the claim. The business was sold, the surplus distributed to the bondholders, and a small amount was paid to shareholders. The shareholders in Canada succeeded in persuading Canada and other states to complain that Spain had denied justice and violated a series of treaty obligations. However, Canada event ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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United States Corporate Law
United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has done the same. Twenty-four states follow the Model Business Corporation Act, while New York and Calif ...
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List Of International Court Of Justice Cases
The list of International Court of Justice cases includes contentious cases and advisory opinions brought to the International Court of Justice since its creation in 1946. Forming a key part of international law, 181 cases have been entered onto the General List for consideration before the court. The jurisdiction of the ICJ is limited. Only states have standing to bring a compulsory claim against another state, and then only with the consent of the responding state. However, certain United Nations bodies and agencies such as the UN General Assembly have the power to submit questions for advisory opinions. Although these advisory opinions are not binding under international law, they do provide the ICJ's interpretation of what international law is. List of cases The list is organized by and includes only those disputes assigned a General List number by the registrar of the court. In the early days of the court, any formally correct application was accepted by the registrar ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Erga Omnes
''Erga omnes'' is a Latin phrase which means "towards all" or "towards everyone". In legal terminology, ''erga omnes'' rights or obligations are owed ''toward all''. For instance, a property right is an ''erga omnes'' entitlement, and therefore enforceable against anybody infringing that right. An ''erga omnes'' right (a statutory right) can here be distinguished from a right based on contract, unenforceable except against the contracting party. International law In international law, it has been used as a legal term describing obligations owed by states towards the community of states as a whole. An ''erga omnes'' obligation exists because of the universal and undeniable interest in the perpetuation of critical rights (and the prevention of their breach). Consequently, any state has the right to complain of a breach. Examples of erga omnes norms include piracy and genocide. The concept was recognized in the International Court of Justice's decision in the ''Barcelona Traction' ...
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Diplomatic Protection
In international law, diplomatic protection (or diplomatic espousal) is a means for a state to take diplomatic and other action against another state on behalf of its national whose rights and interests have been injured by that state. Diplomatic protection, which has been confirmed in different cases of the Permanent Court of International Justice and the International Court of Justice, is a discretionary right of a state and may take any form that is not prohibited by international law. It can include consular action, negotiations with the other state, political and economic pressure, judicial or arbitral proceedings or other forms of peaceful dispute settlement. In 2006, the International Law Commission adopted the Articles on Diplomatic Protection, regulating the entitlement and the exercise of diplomatic protection. History Diplomatic protection traces its roots to the eighteenth century. The idea that a state has a right to protect its subjects who are abroad has been exp ...
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Diplomatic Protection
In international law, diplomatic protection (or diplomatic espousal) is a means for a state to take diplomatic and other action against another state on behalf of its national whose rights and interests have been injured by that state. Diplomatic protection, which has been confirmed in different cases of the Permanent Court of International Justice and the International Court of Justice, is a discretionary right of a state and may take any form that is not prohibited by international law. It can include consular action, negotiations with the other state, political and economic pressure, judicial or arbitral proceedings or other forms of peaceful dispute settlement. In 2006, the International Law Commission adopted the Articles on Diplomatic Protection, regulating the entitlement and the exercise of diplomatic protection. History Diplomatic protection traces its roots to the eighteenth century. The idea that a state has a right to protect its subjects who are abroad has been exp ...
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Siège Social
Siège social ( French, usually translated as "head office") is a concept in international law for determining the nationality of companies. It is essentially based on effective nationality, as opposed to “paper nationality”, where the company has been incorporated. However, the effective nationality requires a genuine link to the corporate activity and describes the nationality based on the location of the actual activity of the corporation by where the owners are or the actual business is done. According to the criterion of ''siège social'', ''siège réel'' or ''siege réel social'', a company's nationality derives from “the place where the legal entity's judicial and economic integration is situated”.Xanthaki, ''The establishment of foreign companies in France'', 17 The Company Lawyer (1996), at 28. In other words, it is the company's principal place of establishment. See also * Seat (legal entity) In legal English, the seat of any organization is the center of aut ...
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Spanish Civil War
The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlists, and The Rebellion ( es, La Rebelión, link=no) or The Uprising ( es, La Sublevación, link=no) among Republicans. was a civil war in Spain fought from 1936 to 1939 between the Republicans and the Nationalists. Republicans were loyal to the left-leaning Popular Front government of the Second Spanish Republic, and consisted of various socialist, communist, separatist, anarchist, and republican parties, some of which had opposed the government in the pre-war period. The opposing Nationalists were an alliance of Falangists, monarchists, conservatives, and traditionalists led by a military junta among whom General Francisco Franco quickly achieved a preponderant role. Due to the international political climate at the time, the war had many facets and was variously viewed as cla ...
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Spain
, image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , image_map = , map_caption = , image_map2 = , capital = Madrid , coordinates = , largest_city = Madrid , languages_type = Official language , languages = Spanish language, Spanish , ethnic_groups = , ethnic_groups_year = , ethnic_groups_ref = , religion = , religion_ref = , religion_year = 2020 , demonym = , government_type = Unitary state, Unitary Parliamentary system, parliamentary constitutional monarchy , leader_title1 = Monarchy of Spain, Monarch , leader_name1 = Felipe VI , leader_title2 = Prime Minister of Spain ...
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Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anchor of the Golden Horseshoe, an urban agglomeration of 9,765,188 people (as of 2021) surrounding the western end of Lake Ontario, while the Greater Toronto Area proper had a 2021 population of 6,712,341. Toronto is an international centre of business, finance, arts, sports and culture, and is recognized as one of the most multicultural and cosmopolitan cities in the world. Indigenous peoples have travelled through and inhabited the Toronto area, located on a broad sloping plateau interspersed with rivers, deep ravines, and urban forest, for more than 10,000 years. After the broadly disputed Toronto Purchase, when the Mississauga surrendered the area to the British Crown, the British established the town of York in 1793 and later designat ...
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