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Casebook of The Jessup Competition v1.1.doc
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Nuclear Tests case (Australia V. France): Judgment of icj, 1974

the proceedings instituted before the Court on 9 May 11973 concerned1 the atmospheric

nuclear tests conducted by France in the South Pacific

Australia complained to France for nuclear tests, and in the meantime thought France itself canceled tests and promised not to spend more. The court dismissed the case for reconciliation.

http://www.icj-cij.org/docket/files/58/6095.pdf

North Sea Continental Shelf cases (Federal Republic of Germany V. Denmark; Federal Republic of Germany V. Netherland): Judgment of icj, 1969

The North Sea Continental Shelf cases were a series of disputes that came to the International Court of Justice in 1969. They involved agreements among DenmarkGermany, and the Netherlands regarding the "delimitation" of areas—rich in oil and gas—of the continental shelf in the North Sea.

The Court ultimately urged the parties to "abat[e] the effects of an incidental special feature [Germany's concave coast] from which an unjustifiable difference of treatment could result." In subsequent negotiations, the states granted to Germany most of the additional shelf it sought.[2] The cases are viewed as an example of "equity praeter legem"—that is, equity "beyond the law"—when a judge supplements the law with equitable rules necessary to decide the case at hand.

http://en.wikipedia.org/wiki/North_Sea_Continental_Shelf_cases

Barcelona Traction, Light and Power Company, Limited (Belgium V. Spain) (New Application: 1962) icj

Barcelona Traction (the Barcelona Traction Light and Power Company, abbreviated BTLP) was a corporation that controlled light and power utilities in Spain and was incorporated in TorontoCanada on September 12, 1911 by Frederick Stark Pearson.

It was operated in Spain but was owned mostly by Belgians. The company was developed by American engineer Dannie Heineman. It was the subject of the important International Court of Justice (ICJ) case, Belgium v. Spain (1970), also called the Barcelona Traction Case.

The government of Spain under Franco in the 1960s placed restrictions on foreigners doing business in Spain. The Belgian stockholders in Barcelona Traction lost money and wanted to sue in the International Court of Justice, but in the court Judge Fornier ruled on the side of Spain, holding that only the state in which the corporation was incorporated (Canada) can sue.

The decision in Belgium v. Spain is important in public international law because it demonstrates the importance of protections of corporate nationality in nominal ("paper") terms over effective nationality (siège social) where the ownership effectively resides. Unless a principle of law permits a country to espouse a national's claim in the ICJ, there cannot be an espousal.

The case is also important as it demonstrates how the concept of diplomatic protection under international law can apply equally to corporations as to individuals. It also expanded the notion of obligations owed erga omnes (in relation to everyone) in the international community.

http://en.wikipedia.org/wiki/Barcelona_Traction

http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=1a&case=50&code=bt2&p3=5

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