This article examines the evolving jurisprudence regarding the direct application of international treaties, particularly in the context of trade remedies within Ecuador and the Andean Community. It outlines the significant changes following the enactment of the Ecuadorian Constitution in 2008, which has facilitated local judges’ ability to apply international law directly. Historically, prior to these reforms, Ecuadorian courts faced challenges in refunding payments made under trade remedies due to conflicting local regulations. Key developments include a 2012 interpretation by the Court of Justice of the Andean Community (CJAC) that mandated refunds when local laws conflicted with Andean norms, and subsequent rulings reinforcing this principle. The article discusses the implications of these rulings for individual rights under public international law (PIL) and highlights landmark cases where local judges have successfully invoked international treaties to resolve disputes. It emphasizes the role of constitutional principles and the doctrine of Conventionality Control established by the Inter-American Court of Human Rights, which obligates states to comply with international treaties in good faith. The article concludes that recent judicial trends indicate a pivotal shift towards recognizing individual rights in trade matters, thereby enhancing the protection of economic interests within Ecuador’s legal framework.
Global Trade and Customs Journal