Derecho

Permanent URI for this communityhttps://scripta.up.edu.mx/handle/20.500.12552/5000

Browse

Search Results

Now showing 1 - 1 of 1

Some of the metrics are blocked by your
consent settings
Responsability of states interfering in foreign elections through cyberspace under international law
(2022)
Gastélum Lugo, Juan Pablo
;
Gatt Corona, Guillermo A.
This thesis critically examines the traditional rule for the diplomatic protection of corporations in international law, as established by the International Court of in the Barcelona Traction case, which designates the state of incorporation as the basis for nationality. The author argues that this formalistic criterion is insufficient and often leads to inequitable outcomes, leaving the actual investors—shareholders of a different nationality—without protection. As a more just and realistic alternative, the thesis advocates for the adoption of the "effective control" or "genuine link" principle, which focuses on the nationality of the shareholders who ultimately control the corporation. The analysis traces the evolution of the doctrine, critiques the limitations of the International Law Commission's Draft Articles on Diplomatic Protection, and highlights the widespread adoption of shareholder-based criteria in modern Bilateral Investment Treaties (BITs). The work concludes that the proliferation of BITs demonstrates a clear trend away from the rigid Barcelona Traction precedent and supports the argument that "effective control" should be recognized as the prevailing standard to ensure genuine and effective protection for foreign direct investment.