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Total: 16 results found.

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1. Best Practices Indirect Expropriation
(ISDS)
By Suzy H. Nikiema, March 2012 This paper investigates indirect expropriation in international investment law. Indirect expropriation is when the State acts in a way that is detrimental to foreign private ...
Created on 30 April 2016
2. A Private Government in Honduras Moves Forward
(Mining and Human Rights)
... expropriation. What I care about is what’s written in the law passed by Congress. That’s what matters…” she says. “They might say ‘we won’t expropriate you,’ but maybe the next person will be different. ...
Created on 15 February 2021
3. The Status of Investor-State Arbitration in Latin America in 2021
(ISDS)
... of an access channel to a coal seaport facility, the disruption of gold mining activities by ongoing civil strikes and illegal miners, the alleged expropriation of a local financial institution during ...
Created on 21 January 2021
4. Disputes against governments under investment treaties: a growing trend in the mining industry in 2020
(ISDS)
... for investments; and discriminatory or arbitrary conduct. Prohibition on uncompensated expropriation: Expropriation is the taking of an investment by a state. The taking can be direct, such as seizing ...
Created on 06 January 2021
5. More ISDS cases launched against Latin American states amid the COVID-19 pandemic
(ISDS)
... lawyers say this constitutes expropriation and is open to ISDS claims. The future More than 600 social organizations have called on governments to block the use of ISDS in relation to COVID-19 measures, ...
Created on 01 September 2020
6. With Passage of NAFTA 2.0, Congress Boosts Fossil Fuel Polluters, Particularly in Mexico
(FTAs & ISDS)
... and the United States) puts new limitations on investor claims. For example, claims cannot be made for indirect expropriation, which is used by companies to get “compensated” for profits it expected to ...
Created on 03 May 2020
7. Guatemalan Water Protectors Persist, Despite Mining Company Threats
(Regional News)
... for bringing arbitration within the treaty are highly restrictive. According to this treaty, arbitration disputes should be limited only to disputes over the value of expropriation of a given project. ...
Created on 03 May 2020
8. US mining company demands $3.5 billion dollars from the Mexican government for stopping project
(FTAs & ISDS)
... Article 1105. Minimum Standard of Treatment; and Article 1110. Expropriation and Compensation”, says the file of the Secretariat of Economy. The lawsuit The 26-page document, entered on April 5, alleges ...
Created on 24 September 2019
9. New Report Exposes Mining Companies Suing Latin American Countries Where Communities Defend Land and Environment
(FTAs & ISDS)
...  Indirect Expropriationwas invoked in over half of the cases. This is especially egregious since it relates to so-called expropriation of anticipated future lost profits, rather than the physical seizure ...
Created on 03 May 2019
10. El Salvador’s struggle against corporate impunity
(Pacific Rim/OceanaGold)
... to water, health and a safe environment is perhaps surprising enough. What is more shocking is they are suing not for compensation for confiscation or expropriation – they never even started work - but ...
Created on 20 October 2014
11. Final round for PacRim and El Salvador
(Pacific Rim/OceanaGold)
... expropriation from El Salvador. A stretch still to come Yesterday marked the end of the last round of arguments of the parties before the panel, consisting of three adjudicators, but the final decision ...
Created on 23 September 2014
12. The Rights Clash
(Commerce Group)
... law that significantly reduces the value of a foreign company’s investment, that company can sue the government for “indirect expropriation.” If a government implements more stringent environmental protections, ...
Created on 15 July 2013
13. Free Trade Agreement with the European Union must be declared unconstitutional
(Media Releases)
... Treatment" and "indirect expropriation" which require the state to give foreign firms the same benefits given to Salvadoran firms and defines any governmental action or inaction that harms potential investment ...
Created on 09 July 2013
14. Mining Ambition Impedes Environmental Justice
(Mining prohibition El Salvador)
... mining exploitation permit, the company has filed a $120 million lawsuit against the country in the International Center for the Settlement of Investment Disputes ICSID, arguing profit expropriation. To ...
Created on 18 July 2012
15. Oxfam Context of Pac Rim
(Pacific Rim/OceanaGold)
... “indirect expropriation” in the context of Chapter 10 of CAFTA.  On April 30th of 2009, Pacific Rim took its case to the International Center for the Settlement of Investment disputes (ICSID) of the World ...
Created on 29 February 2012
16. Background on Mining
(Background and reports )
... American Free Trade Agreement (CAFTA), especially the  “indirect expropriation” mechanism, which refers to an action or omission by a government that affects investment. The Absence of a Law that Bans ...
Created on 08 February 2012

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