Legitimación normativa del arbitraje internacional de inversiones en el Ecuador.

Abstract

The determination of the legal status of international investment arbitration continues to be the subject of constant practical and theoretical criticism, especially in countries in the Latin American region that have not yet found adequate justification to legitimize international investment arbitration within their normative legal system. There are limited discussions in legal literature regarding the subject of this research, making this thesis a commitment to contribute new ideas that integrate different positions put forward by legal scholars, political-state entities, arbitrators, and international institutions. The goal is to find the appropriate elements to achieve legitimization of international investment arbitration in Ecuador. In the first chapter, certain controversial concepts of constitutional law are clarified considering their impact on the legitimization of international investment arbitration, such as sovereign jurisdiction, international arbitration, and state negotiability, among others. The second chapter addresses the discussions mentioned in the previous paragraph from a critical-analytical perspective, allowing for the assessment of the information gathered, particularly the seemingly insurmountable relationship between international investment arbitration and normative legitimization. This chapter also identifies the appropriate reasons and suitable means for the legitimization of international investment arbitration in Ecuador.