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1. Barcelona Traction, Light and Power Company Case (Belgium v. Spain) (1970)
FACTS:
-Belgium (P) brought an action for damages against Spain (D) on the ground that its nationals as
shareholders of the Barcelona Traction Co., incorporated and registered in Canada, had been seriously harmed by
actions of Spain (D) resulting in expropriation.
-The Barcelona Traction, Light, and Power Co. was incorporated and registered in Canada for the purpose of
developing and operating electrical power in Spain (D).
-After the Spanish Civil War, the company was declared bankrupt by a Spanish court and its assets were seized.
-After the Canadian interposition ceased, Belgium (P) brought an action for damages against Spain (D) for what it
termed expropriation of the assets of the Traction Co. on the ground that a large majority of the stock of the
company was owned by Belgian (P) nationals.
-Spain (D) raised the preliminary objection that Belgium (P) lacked standing to bring suit for damages to a
Canadian company
ISSUE:
Does the state of the shareholders of a company have a right of diplomatic protection if the state whose
responsibility is invoked is not the national state of the company?
HELD:
No. In order for a state to bring a claim in respect of the breach of an obligation owed to it, it must first
establish its right to do so. This right is predicated on a showing that the defendant state has broken an obligation
toward the national state in respect of its nationals. In the present case it is therefore essential to establish
whether the losses allegedly suffered by Belgian (P) shareholders in Barcelona Traction were the consequence of
the violation of obligations of which they are beneficiaries.
Facts:
Petitioner, formerly a Lieutenant-General of the Japanese Army and Commanding General of
the Japanese Imperial Forces, was charged before a military commission set by Executive
Order No. 68 of the President of the Philippines. Said executive order also established a
National War Crimes Office and prescribed rules and regulations governing the trial of
accused war criminals. Petitioner contended that E.O. No. 68 was illegal and unconstitutional
because he cannot be tried fro violation of international conventions, like the Geneva and
Hague Conventions. Furthermore, he alleged that the participation of two American lawyers
in the prosecution was violative of our national sovereignty.
Issue:
Whether the Philippine Government has the jurisdiction to try and convict Kuroda for
violating prohibited acts of the war.
Ruling:
Executive Order No. 68 is legal and constitutional because Article II, Section 3 of the 1935
Constitution explicitly provides that the Philippines renounces war as an instrument of
national policy, and adopts the generally accepted principles of international law as part of
the law of nation.
In promulgation and enforcement of E.O. No. 68, the President of the Philippine exercised his
power as commander-in-chief of all armed forces. Moreover, it was in adherence with the
generally accepted principles and policies of international law which form part of our
Constitution.
With regards to the contention about the participation of two American lawyers, the
Philippines was under the sovereignty of the United States and thus, we were equally bound
together with the US and Japan, to the rights and obligations contained in the treaties. These
rights and obligations were not erased by our assumption of full sovereignty.
ISSUE:
Was the contention of the petitioner thatthe respondent judge acquires no
jurisdictionon the ground that the suit was one against aforeign sovereign without
its consent.
HELD:
YES. The contention of the petitioneris tenable.The writ of certiorari prayed
for isgranted, nullifying and setting aside the writ of preliminary injunction.The
invocation of the doctrine of immunity from suit of a foreign state withoutits
consent is appropriate.