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Between Justice and Money: How the Covid-19 Crisis was used to De-Differentiate Legality in Ecuador

DOI:10.1007/s11196-021-09877-z
Authors:
Katiuska King at Central University of Ecuador
Katiuska King
Philipp Altmann at Central University of Ecuador
Philipp Altmann
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Abstract and Figures

Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors to systematically use one system against the other or—within a given system—one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation—and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action.
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Vol.:(0123456789)
Int J Semiot Law (2022) 35:1039–1057
https://doi.org/10.1007/s11196-021-09877-z
1 3
Between Justice andMoney: How theCovid‑19 Crisis
wasused toDe‑Differentiate Legality inEcuador
KatiuskaKing1 · PhilippAltmann1
Accepted: 14 December 2021 / Published online: 5 January 2022
© The Author(s), under exclusive licence to Springer Nature B.V. 2021
Abstract
Legality in the Global South suffers from problems of application by convenience.
Some rules are applied, and some are not, depending on certain actors, such as the
State, the stakeholders, or others. This undermines legitimation as constructed by
legality and due process. These problems are connected to a wider complex formed
by coloniality, internal colonialism, and a form of functional differentiation that
limits autonomy of the different social systems. This complex of structural proper-
ties allows States and other actors to systematically use one system against the other
or—within a given system—one level of rules against the other. This was the case in
Ecuador: in the initial months of quarantine due to Covid-19, the government took
decisions about external state bonds following international legislation—and quite
contrary ones related to local work contracts. Once again, legality followed different
paths in diverse cases. Ecuadorian economic authorities accept and respect condi-
tions on external public bonds which are protected by some complex and specific
clauses to secure the payment. The same authorities have different practices towards
international and national legislation that were organized in the sense of legal sub-
sidiarity. This text will explore reasons and effects of legal de-differentiation in the
Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to
understand how structural problems related to the lack of autonomy of the legal sys-
tem are perpetuated and lead to effects of convenient political action.
Keywords External state bonds· Local contracts· De-differentiation· Legality·
Lack of autonomy· Ecuador
* Katiuska King
katiuska.king@gmail.com; kkking@uce.edu.ec
1 Central University ofEcuador, Ciudadela Universitaria, Av. América, 170402Quito, CP,
Ecuador
Content courtesy of Springer Nature, terms of use apply. Rights reserved.
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