SLU LAW Atlas Week Event: 'When International Investment Law, Indigenous Rights, & Environmental Law Collide'
Tuesday, April 10, 2018 - 12:00pm
Join the Center for International and Comparative Law in welcoming our Atlas Week speaker, Prof. Marcin Kaldunski for his talk, "When International Investment Law, Indigenous Rights, and Environmental Law collide: Remarks on the Glamis Gold Ltd. v. United States of America Case."
Glamis Gold Ltd., a publicly held Canadian corporation engaged in the mining of precious metals, submitted a claim to arbitration under the UNCITRAL Arbitration Rules for alleged injuries relating to a proposed gold mine in Imperial County, California. The claims arose out of certain federal government actions and California state measures regarding open-pit mining operations, allegedly resulting in injuries to a proposed gold mine in Imperial County, California. Glamis claimed that certain federal government actions and California measures with respect to open-pit mining operations resulted in the expropriation of its investments in violation of Article 1110 of NAFTA, and denied its investments the minimum standard of treatment (the fair and equitable treatment), including access to justice, under international law in violation of Article 1105. The California measures included regulations requiring backfilling and grading for mining operations in the vicinity of Native American sacred sites. The measures also reflected the need to protect local environment.
Glamis claimed damages of not less than $50 million. It was represented by Crowell & Moring LLP. The Office of International Claims and Investment Disputes, United States Department of State, acted for the Respondent.
On June 8, 2009, the Tribunal released the Award, dismissing Glamis’s claim in its entirety.
The presentation explains the basic rules of international investment law (expropriation and fair and equitable treatment) and, against this background, it critically assesses the reasoning of the Tribunal. It also touches on indigenous rights and environmental law.
Food will be provided.