Interhandel Case (Switzerland v. US)/case 34: Overview. Judgment of 21 March 1959
Introduction
The Interhandel Case [1] (Switzerland v. US) is a key International Court of Justice´s decision which brings to reflection some critical aspects of States´ relationship in the international scenario, not in terms of direct confrontation between them but rather through the legal action of a Government against the interests of a foreign person (natural or juristic person) in its territory, with indirect effects upon the latter´s Government and, as a result, compromising their State-State relationship.
The first prominent feature of that case standing out is that ICJ accepts jurisdiction when States bring to the court a dispute where private interests of their nationals are injured by official acts of other State, meaning that, at least theoretically, it can claim before the ICJ as a “type of procedural substitute” of its offended national, seen that only States can stand before the ICJ. However, that extraordinary legitimacy depends on the ictu oculi evidence that, although private damage was the origin of the claim, it clearly affects the state-state relationship, and the facts are, even partially, underpinned by international law.
Emerging State-State conflicts whose origins are the particular interests of their nationals damaged in another´s territory, even when the legal wrongs are not committed by official acts, may occupy the position of serious diplomatic issue generator-fact. The Christie Question illustrated this situation.
In the Article
[1] It is recommended to consult with the International Law Commission, United Nations, summaries of
Judgments, Advisory opinions and orders of the Permanent Court of international Justice, from 31 July 1922 to 26 February 1940. Summaries of Judgments, Advisory Opinions and Orders of the International Court of Justice 1948-1991, 1992-1996, 1997-2002, 2003-2007, 2008-2012, 2013-2017, 2018-2022.