Algumas considerações sobre a proteção diplomática das sociedades e dos seus acionistas

Abstract

Using the hypothetical deductive method, we used the Barcelona Traction, Elettronica Sicula and Diallo cases to clarify the debate on the problem of diplomatic protection for corporations and their shareholders. Corporations must be seen as a being with a distinct moral personality. If the corporations and the shareholder suffered a loss, this does not imply that the two have the right to demand redress. The issue of diplomatic protection for corporations and their shareholders has been a constant theme in international jurisprudence, in the practice of States, in international conventions, in doctrine and in the course of the work of the International Law Commission on diplomatic protection. The relevance and pertinence of the topic is also recognized in the fact that diplomatic protection applies to all other legal entities constituted by the State. We share the perspective that diplomatic protection for corporations and shareholders should not be considered obsolete. This should be seen as the ultima ratio under which States can invoke the international responsibility of another State for the damage caused to a Corporation or shareholders that hold its nationality.