Protección a la inversión extranjera : análisis de la normativa local frente al derecho Internacional de Inversiones.

Abstract

Throughout history, Ecuador has experienced a series of tensions with regard to foreign investment, specifically, in its protection. Its affinity and participation towards Bilateral Investment Treaties was fleeting, so there is no substantive protection of an international nature for all those investments that are currently carried out in the country. It’s a mistaken idea to equate the guarantees and protections provided by local law with those provided in the investment treaties, it´s simply not enough. However, Ecuador's desire to renegotiate a regime of international protection for foreign investment has been repeatedly expressed in recent years, so it is essential, in addition to renegotiating the return of bilateral investment treaties, to consider the incorporation of provisions that promote respect for the host State, especially the environment and its citizens, in order to protect the permanence of these international mechanisms that protect foreign investment, protection which finally is their raison d’être.