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As Left-Wing Opposition Banned, Ecuador Court Rejects Terrible UAE Treaty
The decision blocks the right-wing president's unconstitutional attempt to bypass the National Assembly. Still, this is just one step in Ecuador's continued fight for its Constitution and its democracy.
Mar 13, 2026
In a major rebuke to President Daniel Noboa, Ecuador's Constitutional Court ruled unanimously on March 9 that his controversial Bilateral Investment Treaty with the United Arab Emirates cannot be fast-tracked and must be approved by the National Assembly.
The decision blocks the right-wing president's unconstitutional attempt to bypass the National Assembly. Still, this is just one step in Ecuador's continued fight for its Constitution and its democracy.
This treaty is the test case for a far broader corporate coup, one that aims to resurrect a legal weapon Ecuador’s people have repeatedly rejected: Investor-State Dispute Settlement (ISDS).
The treaty, signed in a rushed ceremony in December 2025, was littered with errors, referencing the non-existent "United Arab States" and citing provisions that aren't there. When Ecuador’s pro-corporate Constitutional Court rightly demanded a corrected text, it asked for an English version, a bizarre move in a Spanish-speaking republic.
“We are witnessing a government ignoring its own Constitution and the will of its people to serve the interests of transnational capital."
In response, Noboa issued an extraordinary decree authorizing Ecuador’s ambassador to unilaterally correct the text, bypassing normal diplomatic and legal channels.
The court has now sided with Ecuador’s progressive Constitution. However, that is not where this fight ends; instead, the treaty will have to be taken through a two-stage review process, unless Noboa decides to ignore the court altogether—a move that would be unsurprising given the young autocrat’s continued destruction and dismissal of Ecuador’s other branches of government.
The Constitutional Court will have 30 days to conduct a second, deeper review of the treaty's content to verify its full conformity with the Constitution. If the treaty survives that scrutiny (or if the court does not respond in 30 days), it will go to the National Assembly, where it requires absolute majority approval. Currently, Noboa’s party only has two-fifths of the total assembly seats, with leftist, pro-Indigenous, and some centrist parties occupying the rest.
The urgency of this corporate agenda explains the government's simultaneous brutal crackdown on democratic opposition. In a move that has drawn international condemnation, an electoral judge, on the request of the Noboa-aligned prosecutor general, suspended the country's largest opposition party, the left-wing Revolución Ciudadana (RC), for nine months.
The RC would not be able to conduct any political activities, or run in the 2027 local elections. The left-wing party, which won 44% of the vote in the last presidential election, controls the country's largest cities, including Quito and Guayaquil.
Interestingly, the right-wing pro-Trump billionaire president has himself been credibly accused of electoral fraud, corruption, and stakes in the drug-trafficking trade.
The case against RC relies on the testimony of an individual awaiting trial for child sexual abuse, who was given preferential treatment in prison in exchange for implicating the party on cooked-up money laundering charges. This follows the February pre-trial detention of Guayaquil's Mayor, Aquiles Alvarez, another opposition leader targeted by the prosecutor general. This thus follows a long pattern of Noboa's crackdown on opposition. The right is also cutting off the opposition's ability to vote against Noboa's measures in the assembly.
The UAE BIT contains ISDS provisions that grant foreign investors the right to sue Ecuador in international tribunals for billions over laws or policies that harm their profits, and those they expect to make in the future, including environmental and health regulations that protect local and marginalized populations. This is explicitly prohibited by Article 422 of Ecuador’s Constitution, a prohibition upheld by the people in national referenda in 2024 and again in 2025.
“This is all very clearly unconstitutional,” says Ladan Mehranvar, a senior legal researcher at the Columbia Center on Sustainable Investment who focuses on international investment law and human rights. “They are trying to push the BIT through by sidestepping constitutional safeguards, including the requirement of prior approval by the National Assembly,” she added.
“We are witnessing a government ignoring its own Constitution and the will of its people to serve the interests of transnational capital,” said Pedro Labayen Herrera and Mario Osorio, both researchers with the Center for Economic and Political Research (CEPR) in Washington. “They are fast-tracking the UAE treaty by claiming it requires only executive ratification, thus avoiding the scrutiny of the Ecuadorian legislature and the public. That is simply false.”
There are serious concerns about the court’s independence. One justice, Claudia Salgado, nominated by Noboa, comes from a family of legal and arbitration specialists and has previously written on Ecuador’s constitutional ban on ISDS. Her apparent shift, alongside pressure from an executive that has publicly attacked and threatened the Constitutional Court judges, paints a picture of a state institution under siege. “Either the Constitutional Court is captured, or it feels threatened,” Mehranvar noted.
So why such a reckless, rushed push for a treaty with the UAE? Because it is the blueprint and the battering ram for something far more consequential, namely, a Free Trade Agreement with Canada and other pro-corporate actions that would permanently lock in ISDS for the (mostly foreign) mining industry.
There is also significant personal corruption at play. The Noboa family holds a significant stake in Silvercorp, a Canadian mining company, as well as other financial holdings with direct interests in ISDS and the president’s deregulation crusade.
An ISDS chapter in a Canada-Ecuador FTA would directly benefit the president’s own financial interests, allowing corporate actors, potentially including his family’s holdings, to sue the Ecuadorian state. “ISDS is a tool for the Noboa family to protect their own financial interest,” said Herrera and Osorio.
This agenda is being synchronized with a brutal domestic deregulation campaign. In late January, Noboa proposed gutting Ecuador’s Mining Law by replacing the mandatory environmental license with a simplified authorization, which local Indigenous groups say decimates their constitutional right to prior consultation, a key tool they use to oppose harmful extractive projects. Ecuador is one of the most biodiverse countries on Earth; about half of its territory is made up of the Amazon rainforest and Indigenous lands.
Combined with ISDS, this creates a vicious trap—remove environmental safeguards now, deter future governments from reinstating them, and use international tribunals to sue any future government that tries to reinstate them for “indirect expropriation” of future profits.
Companies could do this even without any intent to finish the projects, or invest while knowing that the projects are legally or politically untenable, winning out on billions of dollars in Ecuadorian taxpayer funds, at a time when Ecuador is facing a historic financial, energy, and security crisis, and remains one of the poorest countries in the Western Hemisphere.
The United Nations special rapporteur on human rights and the Environment has argued that ISDS has catastrophic consequences for climate action and human rights. Nobel prize-winning economist Joseph Stiglitz has even argued ISDS is “litigation terrorism,” while even the libertarian Cato Institute has said the mechanism actually threatens the rule of law, growth, and investment.
This deal and its progenitors represent the fusion of state and corporate power against democracy. It was preceded by the violent crushing of protests against subsidy removals, the criminalization of water defenders, and the continued advancement of mining projects in sensitive ecosystems like the Amazon and near the Yasuní National Park, despite, once again, popular referenda opposing them. The Noboa government has conducted a war against democracy, the rule of law, and human rights.
If the court and National Assembly allow this breach, the floodgates open for a corporate takeover dressed as trade policy, with only global mining capital standing to gain. Ecuador’s people have resisted corporatocracy many times over. Their government is now trying to force it on them by decree, while suppressing all opposition. At a time when global democracy and rights are falling off a cliff, the world must heed this crucial test.
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'Defeat for Justice': Ecuador to Pay Amazon-Polluting Chevron $220 Million
"A debt is not owed to Chevron. A debt is owed to the Amazonian families still waiting for truth, justice, and full reparation."
Dec 09, 2025
A US advocacy group, American human rights lawyer Steven Donziger, and the group in Ecuador behind a historic legal battle against Chevron over its dumping of toxic waste in the Amazon rainforest are condemning the Ecuadorian government's plans to pay the oil giant hundreds of millions of dollars due to an arbitration ruling.
In response to the legal fight in Ecuador that led to a $9.5 billion judgment against Chevron—which bought Texaco—the fossil fuel company turned to the investor-state dispute settlement (ISDS) system, suing the South American country in the Hague-based Permanent Court of Arbitration. As part of the latter case, Ecuadorian Attorney General Diana Salazar Méndez's office announced Monday that the government would pay the US company only around $220 million, rather than the over $3 billion Chevron sought.
While Chevron said in a statement that it was "pleased with the resolution of this matter" and claimed the decision "strengthened the rule of law globally," and Salazar Méndez's office celebrated the dramatically lower figure, and the Union of Peoples Affected by Chevron-Texaco (UDAPT)—the group that began the case against oil company in 1993—pushed back against the government's framing of the reduction "as if it was a success and an economic achievement."
"The reality is it is a defeat for justice," UDAPT argued in a Tuesday statement. "For 32 years, UDAPT has documented pollution, environmental crime, and lives broken by Chevron, proving what should be obvious: Communities have not recovered, health has not been restored, clean water has not returned, and the territories that sustain life remain contaminated. A debt is not owed to Chevron. A debt is owed to the Amazonian families still waiting for truth, justice, and full reparation."
Amazon Watch deputy director Paul Paz y Miño similarly said Tuesday that "this illegitimate arbitration process is nothing more than Chevron abusing the law to escape accountability for one of the worst oil disasters in history."
"Ecuador's courts ruled correctly and based largely on Chevron's own evidence, that Chevron deliberately poisoned Indigenous and rural communities, leaving behind a mass cancer zone in the Amazon," the campaigner continued. "Adding insult to injury, the idea that Ecuador's people should now pay a US oil company that admitted to deliberate pollution is the epitome of environmental racism."
Ecuadorian President Daniel Noboa "must not honor this ISDS award, and the international community must stand behind the victims of Chevron's crimes and demand that the company clean up Ecuador once and for all," Paz y Miño added. "Amazon Watch stands with the affected Indigenous peoples and communities of the Ecuadorian Amazon. We urge President Noboa to reject this illegitimate award, disclose any negotiations with Chevron, and enforce Ecuadorian law by ensuring Chevron pays its debt to those it poisoned."
Donziger—who was detained in the United States for nearly 1,000 days after Chevron went after him in the American legal system for representing Big Oil's victims in Ecuador—was also sharply critical, saying Tuesday that "the decision by a so-called private corporate arbitration panel that claims to absolve Chevron of its massive pollution liability in Ecuador has no legitimacy and does not affect the historic $9.5 billion damages judgment won by Amazonian communities."
"That judgment still stands as the definitive public court ruling in the case," he said. "The private arbitral panel has no authority over the six public appellate courts, including the Supreme Courts of Ecuador and Canada, that issued unanimous decisions against Chevron and confirmed the extensive evidence that the company devastated local communities by deliberately dumping billions of gallons of cancer-causing oil waste into rivers and streams used by thousands of people for drinking, bathing, and fishing."
"I also strongly condemn President Daniel Noboa for his plans to betray his own people by agreeing to send $220 million from the public treasury to Chevron, a company that owes Ecuador billions under multiple court orders for poisoning vulnerable Indigenous peoples with toxic oil waste," Donziger added. "Noboa would effectively grant Chevron a taxpayer-funded bailout financed by the same citizens who remain victims of the company's pollution. This would be an outrageous dereliction of duty and a violation of his oath of office, warranting removal."
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COP30: Climate Course Correction or Another Collision Course?
With 2024 confirmed as the hottest year ever on record, the US withdrawal from the Paris Agreement, and the massive financial shortfalls left by lackluster negotiations at COP29, this year's climate talks are pivotal.
Nov 09, 2025
The 30th Conference of the Parties to the United Nations Framework Convention on Climate Change will take place in Belém, a remote, underdeveloped, and poor region of the Brazilian Amazon.
Delegates from over 190 countries, NGOs, Indigenous representatives, and Brazil's President Luiz Inácio Lula da Silva, alongside COP President André Corrêa do Lago, will all participate in this year's high-stakes climate negotiations.
Missed Targets and Weak Ambition: It's Now or Never
With 2024 confirmed as the hottest year ever on record, the US withdrawal from the Paris Agreement, and the massive financial shortfalls left by lackluster negotiations at COP29, this year's climate talks are pivotal.
A 2024 report by the UN revealed that current policies put the planet on track to reach a catastrophic 3.1°C warming by 2100 (Emissions Gap Report). This scenario would expose 600 million people to flooding, reduce food yields by half, cause severe water shortages, lead to insurmountable habitat and biodiversity loss, create month-long brutal heatwaves and wildfires, heighten the risks of insect-borne diseases, and profoundly deepen inequalities.
Progress will be stalled unless the global climate investment gap can be closed and pledges are finally turned into real investments.
At last year's summit, it was agreed that at least $1.3 trillion in annual climate finance would be mobilized for developing countries by 2035. This funding is intended to support a just transition to clean energy, climate adaptation policies, and addressing loss and damage from climate change.
Tackling the climate crisis is IMPOSSIBLE without adequate funding. Since President Donald Trump took office, at least $18 billion has been stripped from climate finance—6% of the new global $300 billion annual target. The current pace of financing is entirely insufficient to meet the agreed-upon goals.
At COP30, all members of the UNCCC are expected to publish their Nationally Determined Contributions (NDCs), outlining their national plans to reduce greenhouse gas emissions and adapt to climate impacts.
The NDC Synthesis Report was released in October 2025, which, according to Melanie Robinson, global climate, economics, and finance program director for World Resources Institute, "lays bare a frightening gap between what governments have promised and what is needed to protect people and planet."
Progress will be stalled unless the global climate investment gap can be closed and pledges are finally turned into real investments. This will prove even more difficult as militarization grips the planet. NATO has increased its spending commitments to an unprecedented 5% of GDP, and the EU Special Debts for Rearmament will further siphon money into warmongering, posturing, and weapons stockpiling.
A new initiative, the Global Ethical Stocktake, launched by the President of Brazil, Lula da Silva, and the United Nations Secretary-General, António Guterres, aims to integrate ethical considerations into climate negotiations, an aspect that has previously been omitted.
Jaded by a lack of action in previous COPs, former UN Secretary-General Ban Ki-moon, along with other influential figures such as Mary Robinson and Christiana Figueres, labelled the current climate policy process "no longer fit for purpose."
Finally, a COP President with Credentials: André Corrêa do Lago
This year's COP president holds higher hopes than others. He is a veteran climate diplomat and serves as the current secretary for climate, energy, and environment at the Brazilian Ministry of External Affairs.
He has worked with Brazil's diplomatic corps since 1982 and has represented Brazil in similar negotiations, including as chief negotiator at Rio+20, COP28, and COP29.
In a positive initial call to action, he has called on all stakeholders in the climate negotiations process to "act decisively in the face of climate urgency through an ambitious and integrated Action Agenda at COP30."
A COP Built on Deforestation: Brazil Controversy
The location of this year's climate summit is highly contentious. Destroying thousands of acres of rainforest to make way for a new four-lane highway, which is intended to ease congestion for COP visitors, is a blatant contradiction. This is the very environment Brazil has pledged to protect.
Rather than addressing the concerns, classic greenwashing terms like 'sustainable" are being used to describe the 8-mile road. Cutting through the Amazon rainforest, the road will fragment the ecosystem, disrupt the movement of wildlife, affect the livelihoods of local communities, and be inaccessible to those who live on either side of the highway. It will, however, have bike lanes and solar-powered lights!
The lack of infrastructure in the area means that more than 30 large-scale construction projects will be taking place to accommodate and prepare for the 50,000 expected visitors. The port is being redeveloped for cruise ships, and $81 million will be spent on expanding the airport to double its current capacity.
Emissions, emissions, emissions!
The expansion of the fossil fuel industry seriously contradicts the Brazilian government's climate narrative and threatens the country's credibility at COP30.
After three climate conferences in countries with restrictions on protests, Amazonian leaders and social movements are wary that their participation may be discounted and silenced. Since February, Indigenous groups have been occupying the Secretary of Education and blocking roads that cut through their territories. The protests have already begun.
Brazil is also no climate leader, but rather an empire built on oil. Its vast mining, fossil fuel, and agribusiness sectors mean that Brazil is responsible for more than 4% of total global emissions. In 2023, it emitted 2.3 billion tonnes of greenhouse gases, making Brazil the world's fifth worst polluter.
In this country of deep inequalities, the poor are disproportionately affected by climate change, including sea-level rise; heatwaves; and heavy, erratic rainfalls.
Just weeks before the conference begins, a new bill to dismantle Brazil's environmental license framework was passed. It eases restrictions on oil exploration and road development in the Amazon. A self-licensing process enables fossil fuel and construction companies to act with impunity and avoid the need for impact studies and mitigation measures.
Immediately after the bill change, Petrobras, the country's majority state-owned, scandal-ridden oil company, began drilling for oil a mere 200 miles away from Belém. The license was previously denied due to the risk of widespread biodiversity loss in this fragile ecosystem in the event of a spill. A new report reveals that since 2024, big banks have provided $2 billion in new financing for oil and gas in the Amazon.
Estimates suggest that up to 60 billion barrels of oil may exist in the Brazilian Amazon. If burned, they could emit 24 billion tonnes of carbon dioxide—more than Brazil's emissions over the past 11 years. The expansion of the fossil fuel industry seriously contradicts the Brazilian government's climate narrative and threatens the country's credibility at COP30.
Good COP, Bad COP
"Climate is our biggest war," said Ana Toni, chief executive of COP30.
Hopes are high. Expectations are low. Change is happening, it is just painfully slow.
We need this to be the "delivery COP." One thing is for sure, COP30 will be make or break for people, our precious flora and fauna, and our planet as a whole.
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