Contradictions, Limitations and Irregularities in the Regulations of Private Investments of Galapagos, Ecuador

Abstract

The Galapagos Islands belong to the Insular region of the Ecuadorian State, in accordance with the provisions of the Constitution of this country, this province is formed from a special regime, which characterizes it and attributes certain capabilities such as promoting its economic activities and production within its jurisdiction and by its competent administrative authorities. This is the constitutional provision and key driver for the creation of the province's Private Investment Regulation, which has been under discussion for quite some time and yet no consensus has been reached to date on its content. Knowing the draft that has been under discussion, this research aims to study the provincial ordinance containing the Galapagos Private Investment Regulations in order to identify contradictions, limitations, and irregularities that affect constitutional principles and rights for which the document has not yet been enacted. To shape the study, it was necessary to use a qualitative research approach, maintaining an exploratory scope as this is an original topic with no previous research history; as a result, it was determined that the imperative of analysis lies in the content of the aforementioned regulation, so it is discussed from different constitutional authors each of the articles where contradictions, limitations or irregularities are found, verifying the possible existence of unconstitutionalities, which have been the main legal motivation for this regulation not to be enacted.