Abstract

CABEZAS ALBAN, VÍCTOR D.. From Scapegoats to Victims: The Case of the Isaias Brothers and some Novelties on Transnational Litigation. Rev. Derecho Estado [online]. 2023, n.57, pp.203-224.  Epub Dec 11, 2023. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n57.08.

This is a case study of a legal dispute that has shaken Ecuador for over three decades, serving as a living lab for examining how international relations, international law, politics, and comparative law influence and nurture transnational litigation strategies. In the late 1990s, the Isaías brothers went from being Ecuador's wealthiest and most powerful individuals to facing accusations as the masterminds behind the largest financial embezzlement case in history. Subsequently, The state seized billions of dollars' worth of assets belonging to the Isaías family, setting the stage for a twenty-year transnational legal battle. This study has three objectives. First, it aims to provide a comprehensive account of the procedural history of one of Ecuador's most complex and controversial trials with potential implications for Latin America. Second, it seeks to examine the impact of this case on the Act of State Doctrine. Finally, it investigates how transnational litigation in the field of human rights before the Universal System can become a highly effective path for safeguarding private assets. Ultimately, this essay narrates one of the most intense and intriguing transnational litigation cases in Latin America, while offering systematic insights and lessons derived from it.

Keywords : Transnational litigation; international law; Act of State Doctrine; private property; constitutionality block; human rights; due process.

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