When the Protection of Private Investors Prevails on State's Interests (or Almost so): the Perenco v. Ecuador Case

Is it possible to assert that the protection of private investors can prevail on the public interest of the host State? Trying to answer to this question, the fol-lowing considerations allow us to more deeply examine the difficulties met in the attempt of balancing the need of protection of foreign private investments and the host State regulatory capacity concerning some sensitive issues of public interest. In this context, the specific reference to cases of recent solution before ICSID Tribunals, like the Perenco v. Ecuador case, can be useful to make some important reflections about critical points typically emerging in this sector.