In April 2009, Pacific Rim Mining Corporation (“Pacific Rim Corp.”), through its wholly-owned subsidiary, Pac Rim Cayman LLC (“PRC”, together referred to as “Pacific Rim”), commenced an Arbitration action under the International Centre for Settlement of Investment Disputes (ICSID) Convention seeking damages of more than US$314 million from El Salvador for unlawfully terminating its rightsContinue reading “2009-2016 Pacific Rim International Investment Arbitration against El Salvador”
Subsoil Key Actors Category Archives
2010 Inter-American Commission on Human Rights hearing on the Situation of Environmentalists in Mesoamerica
In October 2010, the International Commission on Human Rights (IACHR) held a hearing, entitled the “Situation of Environmentalists in Mesoamerica”, as part of its 140th Regular Period of Sessions. From El Salvador, the participants included the National Roundtable Against Metallic Mining in El Salvador (Mesa Nacional) and the Commitee in Solidarity with the People ofContinue reading “2010 Inter-American Commission on Human Rights hearing on the Situation of Environmentalists in Mesoamerica”
2017 IACHR Hearing on Access to Public Information relating to Extractive Projects
On 18 March 2017, the Save Santo Domingo Environmental Movement (MASSD) (in partnership with the Humboldt Centre) and Law, Environment and Natural Resources (DAR), among others, appeared before the Inter-American Commission on Human Rights (IACHR) to provide testimony for a hearing, entitled the “Right of Access to Information and Transparency in Environmental Management, Licensing, Monitoring,Continue reading “2017 IACHR Hearing on Access to Public Information relating to Extractive Projects”
2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]
On 19 June 2008, the Constitutional Court of Guatemala declared seven provisions of the 1997 Mining Law unconstitutional based on a failure to comply with Guatemala’s environmental laws. In particular, the court agreed with the Centre for Environmental and Socio-Legal Action (CALAS) that the following aspects of the Mining Law breached the state’s obligation toContinue reading “2008-2013 Constitutional Challenges against Guatemalan Mining Laws [Marlin]”
2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]
On 23 March 2011, Guatemala’s Western Peoples’ Council of Mayan Organizations (CPO) brought a legal action (amparo) before the Constitutional Court challenging the constitutionality of a draft regulatory law. The draft bill was entitled “Regulations regarding the Consultation Process under the International Labour Organization Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries”,Continue reading “2011-2018 Constitutional Challenge to Draft Regulation on Indigenous Consultation Processes [Marlin]”
2010 Legal Actions against Montana Exploradora regarding Water Discharge from Marlin Mine
In September 2010, the Minister of the Environment, Luis Ferraté, filed a criminal complaint with the Office of the Public Prosecutor against Montana Exploradora de Guatemala, S.A., a wholly owned subsidiary of Goldcorp Inc., to investigate the discharge of residual waters from the Marlin Mine tailing dams because they may have contaminated the Quivichil river,Continue reading “2010 Legal Actions against Montana Exploradora regarding Water Discharge from Marlin Mine”
2014-2017 Criminal Complaints against the Mayor of San Miguel Ixtahuacán
In January 2014, the Front in Defense of San Miguel Ixtahuacán (FREDEMI) and the Pluri-Cultural Legal Association of Guatemala (PLURIJUR) filed a criminal complaint against the Mayor of San Miguel Ixtahuacán, Ovidio Joel Domingo Bámaca, for the crime of servitude committed against five local communities who were the beneficiaries of precautionary measures granted by theContinue reading “2014-2017 Criminal Complaints against the Mayor of San Miguel Ixtahuacán”
2008-2018 Constitutional Challenges against Guatemalan Mining Laws [Escobal]
On 19 June 2008, the Constitutional Court of Guatemala declared seven provisions of the 1997 Mining Law unconstitutional based on a failure to comply with Guatemala’s environmental laws. In particular, the court agreed with the Centre for Environmental and Socio-Legal Action (CALAS) that the following aspects of the Mining Law breached the state’s obligation toContinue reading “2008-2018 Constitutional Challenges against Guatemalan Mining Laws [Escobal]”
2013-2019 Complaints to Canadian Securities Regulators
In May 2013, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the Ontario Securities Commission (OSC), requesting that the OSC investigate whether Tahoe had complied with its obligations under the Ontario Securities Act to disclose all material changes “forthwith”, including information relating to opposition and social conflict surrounding the EscobalContinue reading “2013-2019 Complaints to Canadian Securities Regulators”
2016 Complaint to U.S. Securities Regulators
In August 2016, the Justice and Corporate Accountability Project (JCAP) filed a complaint against Tahoe Resources Inc. at the U.S. Securities Exchange Commission (SEC), requesting (among other things) that the SEC investigate whether Tahoe “failed to meet legal requirements for disclosing human rights abuses and failed to disclose lawsuits that impact the Escobal mine” (NISGUA,Continue reading “2016 Complaint to U.S. Securities Regulators”
