Tratados bilaterales de inversiones, denuncias efectuadas por el estado ecuatoriano.

Abstract

This paper seeks to explain what Bilateral Investment Treaties consist of, the essential provisions that compose them, and their importance as a legal security tool for foreign investors. While it is true that, in the period of government between 2007 and 2017, the rest of the remaining Bilateral Treaties in which our country had signed were denounced; an attempt is made to explain the negative effects of such complaints, as well as their procedure. In addition, judgment number 0001-09-SIC-CC published in Official Gazette No. 549 of March 16, 2009 clarifies article 422; which served as the legal basis for the denunciation of the bilateral investment treaties. As well as the importance and effects of the clauses commonly found in these international instruments, such as: the survival clause and the most-favored-nation clause, will be explained and exposed. All this in order to determine that bilateral investment treaties are fundamental instruments for the protection of foreign investors.