Free Trade Agreements and Constitutional Rights: The Ecuadorian Case
Publication Name:
Working Paper
Volume, number, page:
W-2014/13
Year of Publication:
2014
Organization Name:
United Nations University - Institute on Comparative Regional Integration Studies
Acronym:
UNU - CRIS
Publisher:
UNU-CRIS
City:
Brugge
Web Page:
Country of Publication:
Belgium
Considered Countries:
Ecuador
Category:
Academic articles
Theme:
BILATERAL RELATIONS UE - LAC
Country - European Union
Keyword(s):
European Union
Negotiations
FTA
Trade
Laws
Constitutions
Civil Society
Abstract:
This article discusses how Ecuador’s participation in negotiations of Free Trade
Agreements (FTA) over the last decade has been shaped by two factors: the involvement
of interest groups and other actors who have influenced policy-makers, and the entry
into force of a new constitution establishing new principles for the national trade policy,
which has a direct impact on trade negotiations. The article is divided into three parts.
The first part provides a legal analysis of the terms and scope of the Ecuadorian
Constitution of 20081 on trade agreements. The second part addresses the application of
Constitutional Law in FTA-related matters by public authorities, specifically by the
executive branch and the Constitutional Court. Finally, the third part reviews the role of
civil society in shaping the content of FTAs and the negotiation process
Agreements (FTA) over the last decade has been shaped by two factors: the involvement
of interest groups and other actors who have influenced policy-makers, and the entry
into force of a new constitution establishing new principles for the national trade policy,
which has a direct impact on trade negotiations. The article is divided into three parts.
The first part provides a legal analysis of the terms and scope of the Ecuadorian
Constitution of 20081 on trade agreements. The second part addresses the application of
Constitutional Law in FTA-related matters by public authorities, specifically by the
executive branch and the Constitutional Court. Finally, the third part reviews the role of
civil society in shaping the content of FTAs and the negotiation process
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