sharing in governance of extractive industries

Bear Creek amicus brief sought holistic legal interpretation

 Are a country’s obligations under international human rights law relevant in interpreting its potential liability in a lawsuit brought by a mining company under an investment treaty? Does a company’s responsibility to respect human rights come into play when assessing which of its 'expectations’ should be protected in an investment dispute? These questions are particularly important in the context of investment disputes that stand to affect the rights of third parties, as most disputes related to extractives do. In June 2016, the Columbia Center on Sustainable Investment (CCSI) submitted an application to file a written submission as amicus curiae in one such case, Bear Creek Mining Corporation v. Republic of Peru. On July 21st, the Tribunal charged with determining the dispute decided to reject CCSI’s application; CCSI responded with a letter articulating its concerns. A blog post summarizing the issues is posted here.

For more on the implications of international investment law for the governance of extractive industries, please see this briefing note.


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