Responsability of states interfering in foreign elections through cyberspace under international law
Date Issued
2022
Author(s)
Gastélum Lugo, Juan Pablo
Advisor(s)
Gatt Corona, Guillermo A.
Type
text::thesis::bachelor thesis
Abstract
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.
Subjects
License
Acceso Abierto
URL License
How to cite
Gastélum Lugo, J. P. (2022). Responsability of states interfering in foreign elections through cyberspace under international law. (Tesis de Licenciatura). Universidad Panamericana.
Table of contents
CHAPTER 1. HISTORICAL BACKGROUND -- CHAPTER 2. DEMOCRACY AND THE CONSTITUTIONAL RULE OF LAW -- CHAPTER 3. RULES OF PUBLIC INTERNATIONAL LAW IN FOREIGN INTERVENTIONS -- CHAPTER 4. ILLEGALITY OF INTERVENTIONS IN FOREIGN ELECTIONS -- CHAPTER 5. INTERNATIONAL RESPONSIBILITY OF STATES -- CHAPTER 6. DEFENSE RESOURCES IN INTERNATIONAL LAW