The Evolution of the System of Foreign Investment Protection in Ecuador

• Autores: Sebastian Espinosa
• Localización: Handbook of International Investment Law and Policy / Julien Chaisse (aut.), Leïla Choukroune (aut.), Sufian Jusoh (aut.), 2021, ISBN 9811336148, págs. 2645-2676
• Idioma: inglés
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• Resumen

  • This article describes the evolution of the system of foreign investment protection in Ecuador. The high exposure to investment disputes and the unprecedented proposals to react to such regime make Ecuador a representative case study regarding the articulation, deployment, enforcement, and interpretation of international investment law both from international and domestic perspectives taking place in the Global South. It also unfolds the multiple legal mechanisms through which the quest for protecting foreign capital engages and influences key policies, regulations, and rulings. Additionally, it approaches the influence of such interaction defined by the interests of both internal and external stakeholders. This article concludes that the opportunistic use of constitutional, treaty, regulatory, and contract-based tools to accommodate particular interests has been detrimental to settle the boundaries between policy space and private sphere, thus, aggravating the State’s exposure to international responsibility.