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1. The Status of Investor-State Arbitration in Latin America in 2021
(ISDS)
JDSUPRA With a total of 54 cases filed, 2020 was a record year for cases filed under the ICSID Convention, and with a total of 72 treaty-based cases, an important year in general for Investor-State Arbitration. ...
Created on 21 January 2021
2. Setting the Record Straight: Debunking Ten Common Defenses of Controversial Investor-State Corporate Privileges
(ISDS)
Public Citizen In order to counter the increased critiques of the investor-state dispute settlement (ISDS) system, the Office of the U.S. Trade Representative has declared that many of the claims are ...
Created on 30 April 2016
3. Case Studies: Investor-State Attacks on Public Interest Policies
(ISDS)
Public Citizen The investor-state dispute settlement (ISDS) system shifts the power between the government and corporations, prioritizing corporate rights. Foreign corporations have used ISDS to attack ...
Created on 30 April 2016
4. Myths and Omissions: Unpacking Obama Administration Defenses of Investor-State Corporate Privileges
(General mining reports )
Public Citizen’s Global Trade Watch Investor-state dispute settlement system empowers foreign corporations to bypass domestic courts, challenge government’s public interest policies before extrajudicial ...
Created on 30 April 2016
5. Bringing Community perspectives to investor-state arbitration: the Pac Rim case
(ISDS)
Orellana et al., 2015 There is an ongoing democratic debate in El Salvador in relation to metals mining and sustainable development. This is a description of the Pacific Rim case and the role of anti-mining ...
Created on 30 April 2016
6. In Guatemala, Harris Should Address U.S. Policies That Put Corporations Over People
(Mining and Human Rights)
... in Guatemala, nor did it ever obtain a construction permit to build its mine in the first place. Such injustice is precisely what the Investor-State Dispute Settlement (ISDS) framework enshrined in thousands ...
Created on 07 June 2021
7. A New Environmentalist Playbook An improbable victory in El Salvador offers lessons for grassroots activists worldwide
(Mining prohibition El Salvador)
... governments of developing countries. Other international trade tribunals don’t do much better, according to a 2016 BuzzFeed investigation of investor-state dispute settlement, a secretive court system ...
Created on 23 April 2021
8. Swiss mining transnational Glencore in the Andes
(General mining reports )
... with metals in their blood in Peru; and outsourcing, child and labor, and a million-dollar lawsuit under an Investor-State Dispute Arbitration (ISDS) case in Bolivia. Glencore is one of the world’s largest ...
Created on 22 April 2021
9. Disputes against governments under investment treaties: a growing trend in the mining industry in 2020
(ISDS)
... most modern investment treaties contain investor-state arbitration clauses. These operate to allow an investor of one state party (such as a mining company incorporated in the relevant state) to bring ...
Created on 06 January 2021
10. 2020 in Review: Latin America and Investment Arbitration
(ISDS)
... from the traditional approach to investor-State dispute settlement (ISDS). Our authors did a tremendous job covering and sharing their insights on the most important developments affecting our industry. ...
Created on 19 December 2020
11. More ISDS cases launched against Latin American states amid the COVID-19 pandemic
(ISDS)
... mechanism in their treaties”. Under Investor-State Dispute Settlement (ISDS), a single foreign investor can claim compensation if it can persuade an international tribunal of investment lawyers that ...
Created on 01 September 2020
12. Corporate Lawsuits Could Devastate Poor Countries Grappling with COVID-19
(FTAs & ISDS)
... or even billions, of dollars over policies they claim reduce the value of their foreign investments or their expected profits. Through this “investor-state dispute settlement” system—better known by ...
Created on 23 July 2020
13. With Passage of NAFTA 2.0, Congress Boosts Fossil Fuel Polluters, Particularly in Mexico
(FTAs & ISDS)
... trade deal curtails this “investor-state” dispute settlement (ISDS) somewhat. But it falls far short of the progressive demands for an alternative system that prioritizes human rights and the rights of ...
Created on 03 May 2020
14. Guatemalan Water Protectors Persist, Despite Mining Company Threats
(Regional News)
... and life from the onslaught of mining projects, so must we continue to build solidarity with them and strengthen efforts to bring an end to investor-state dispute arbitration and the agreements that hold ...
Created on 03 May 2020
15. Canadian mining companies are behaving badly in the Global South—and Wall Street is profiting from it
(FTAs & ISDS)
... protections that permits foreign firms to challenge government policies, laws and court decisions through private arbitration.Under the USMCA, this investor-state dispute settlement (ISDS) system will ...
Created on 05 May 2019
16. New Report Exposes Mining Companies Suing Latin American Countries Where Communities Defend Land and Environment
(FTAs & ISDS)
... Latin America Program Coordinator at MiningWatch Canada. Transnational corporations have access to the supranational arbitration system as a result of investor-state dispute settlement (ISDS) clauses ...
Created on 03 May 2019
17. Open letter to Oceana Gold
(Open Letter OceanaGold)
...  The October 2016 ICSID panel award unanimously stated that the Pac Rim Cayman suit did not have any legal merit.  Indeed, the Pac Rim Cayman vs El Salvador suit demonstrates the abuse of “investor-state” ...
Created on 30 November 2017
18. Historic Wins for Democracy and Rights in El Salvador
(Mining prohibition El Salvador)
... have been winning most of the lawsuits in these so-called “investor-state” tribunals, but here again El Salvador prevailed.   How? Why? What lessons can be learned, and can nations and activists build ...
Created on 26 June 2017
19. El Salvador – When The Seeds Of Resistance Bloom
(Mining prohibition El Salvador)
... the unexploited gold – $314m later reduced to $250m. They initiated an investor-state dispute settlement (ISDS) case at the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID). ...
Created on 23 June 2017
20. Pressure Grows on Mining Giant to Pay $8 Million to El Salvador
(Pacific Rim/OceanaGold)
... for Settlement of Investment Disputes, ICSID, which handles investor-state disputes, rejected a claim from the company that it had lost profits after the Salvadoran government refused to grant a concession ...
Created on 05 March 2017
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