Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it did productively reorient the country’s engagement with external economic forces in a manner that is hopeful.
Avtgis, Alexander B.
"Rethinking Article 422: A Retrospective on Ecuador's 2008 Constitutional ISDS Recalibration,"
Indiana Journal of Constitutional Design: Vol. 2, Article 2.
Available at: https://www.repository.law.indiana.edu/ijcd/vol2/iss1/2