Amicus Raising Human Rights Arguments in Respect of Investor-State Disputes

Lead PI:

Unit Affiliation: Columbia Center on Sustainable Investment (CCSI)

Unknown start date - Ongoing
South America ; Peru
Project Type: Research

DESCRIPTION: With the support of the Environmental Law Clinic at Columbia Law School and the Law School Clinic at Sciences Po, CCSI submitted an application to file a written submission as an “other person” in Bear Creek Mining Corporation v. Republic of Peru. CCSI’s submission focused on a range of issues, including:

The implications of international human rights law for the interpretation and application of investment treaty standards;
The systemic legal and public policy implications of certain interpretations of the fair and equitable treatment standard;
The connections between Peru’s obligations under international law and the social conflict related to extractive sector projects in Peru.

OUTCOMES: On July 21, 2016 the Tribunal determined that CCSI’s application should be denied. On August 3, CCSI shared its response to this determination with the Tribunal and raised concerns regarding the Tribunal’s approach. While CCSI is disappointed by the outcome regarding its application, the Center is pleased that the Tribunal accepted a separate amicus submission filed by the Association of Human Rights and Environment of Puno and Dr. Carlos López.

CCSI will continue to engage with the issues addressed in the Center’s submission.