Latin America
Related: About this forumMeet the Company Suing El Salvador for the Right to Poison Its Water
Meet the Company Suing El Salvador for the Right to Poison Its Water
In an obscure World Bank court, a multinational mining firm is suing El Salvador for attempting to protect its citizens from deadly mining pollution.
By Robin Broad and John Cavanagh, September 3, 2014. Originally published in OtherWords
An obscure tribunal housed at the World Bank in Washington, D.C. will soon decide the fate of millions of people.
At issue is whether a government should be punished for refusing to let a foreign mining company operate because it wants to protect its main source of water.
The case pits El Salvadors government against a Canadian gold-mining company that recently became part of a larger Australian-based corporation. When OceanaGold bought Pacific Rim last year, it identified the Salvadoran mining prospects as a key asset, even though gold prices have sunk by more than a third from their 2011 high of more than $1,900 an ounce.
The cases implications are chilling. If the company wins, this small country will have to either let the company mine or pay hundreds of millions of dollars.
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merrily
(45,251 posts)I hate even to think about who is going to win.
Judi Lynn
(160,542 posts)truedelphi
(32,324 posts)I know after Calif. banned MTBE, the state paid some Canadian MTBE processor over 500 millions of dollars to NOT buy the product from them, due to NAFTA reles and regulations. At the time, the state had lots of cash on hand, but smallish Central America nations usually don't.
Judi Lynn
(160,542 posts)In response to President Saca's refusal to allow a mining permit, Pacific Rim Mining Corp. invoked a provision of the Central American Free Trade Agreement (CAFTA) in 2009 to place the matter in the hands of an international arbitration court. The Canadian-based company presented this case even when Canada is not part of the CAFTA agreement. For legal purposes then, the company declared ad hoc a subsidiary in Nevada as the base for the claim, although before their always declared themselves a Canadian mining company.[17] The company sought $200 million in damages on one of the poorest countries on Central America, a total that has since increased to $300 million, the basis for this is the assertion that government "changed the rules of the game" on the company.[18] The administration of President Funes said later in 2009 it would be willing to negotiate with Pacific Rim Mining Corp. concerning its arbitration claims that the Salvadoran government damaged its interests. Funes' chief of cabinet, Alex Segovia, "acknowledged that the merits of the Pacific Rim case were strong."[7]
When Pacific Rim invoked the CAFTA international arbitration provision in 2009, seeking $100 million in damages, the Salvadoran government called the action a violation of its national sovereignty.[19] Other gold mining companies with operations in Central America, such as Goldcorp, say they may use the Pacific Rim case to adjudicate disputes of their own.[20]
http://en.wikipedia.org/wiki/Pacific_Rim_Mining_Corporation
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They both have deadly effects upon the ordinary citizens of all countries unfortunately involved. They always benefit only the scam artists running the show.
dballance
(5,756 posts)The company never even had a lease to mine the gold. So they haven't been harmed nor denied future profits. If they'd been issued a lease and then had it revoked they might have more of a case.