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Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Indiana Journal of Constitutional Design
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 …
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
The Treaty Establishing A Constitution For Europe And The Democratic Legitimacy Of The European Union, Elisabeth Zoller
Indiana Journal of Global Legal Studies
No abstract provided.
Letting Statutory Tails Wag Constitutional Dogs: Have The Bivens Dissenters Prevailed?, George D. Brown
Letting Statutory Tails Wag Constitutional Dogs: Have The Bivens Dissenters Prevailed?, George D. Brown
Indiana Law Journal
No abstract provided.
The Economics Of Trade Barriers, F. Eugene Melder
The Economics Of Trade Barriers, F. Eugene Melder
Indiana Law Journal
No abstract provided.