Skip to main content
    • Aa
    • Aa

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


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.

Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

K. Parlett , ‘Role of Diplomatic Protection in the Protection of Foreign Investments’, (2007) 66 Cambridge Law Journal 533, at 535

M Paparinskis , ‘Investment Arbitration and the Law of Countermeasures’, (2008) 79 British Year Book of International Law 264, at 281–97

M. Dawidowicz , ‘Public Law Enforcement without Public Law Safeguards? Analysis of State Practice on Third-Party Countermeasures and Their Relationship to the UN Security Council’, (2006) 77 British Year Book of International Law 333

R. van Alebeek , ‘The Pinochet Case: International Human Rights Law on Trial’, (2000) 71 British Year Book of International Law 29, at 34

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *