CASE CONCERNING AHMADOU SADIO DIALLO {REPUBLIC OF GUINEA v DEMOCRATIC REPUBLIC OF THE CONGO) PRELIMINARY OBJECTIONS

摘要

Although a number of significant issues remain to be resolved at the merits phase, the significance of the Court's judgment at the preliminary phase should not however be exaggerated. The Court itself noted that the role of diplomatic protection has largely faded since most issues relating to diplomatic protection of corporations and share-holding interests are now dealt with comprehensively in international treaties. One of the more regrettable features of the Barcelona Traction case is the very protracted nature of the litigation spanning several years before a judgment was delivered on the merits. This aspect of the Barcelona litigation has unfortunately not been corrected; it is now almost 10 years since Guinea instituted proceedings against the DRC and the Court is yet to deliver a judgment on the merits.