Center for International Environmental Law (CIEL)

Pacific Rim vs El Salvador decision expected tomorrow.

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Rally in support of El Salvador in front of the World BankRally at World Bank ICSID Tribunal 2014. Credit: Ron Carver, IPS
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BREAKING: After seven long years, the international arbitration tribunal at the World Bank ruled in favor of El Salvador and against Pacific Rim Mining Corporation yesterday.

The tribunal was unanimous in its decision that Pacific Rim’s arguments were without merit and that the company never met the requirements for an extraction license under Salvadoran law. The tribunal ruled that the company - now a wholly-owned subsidiary of OceanaGold - must pay $8million to the Salvadoran government for the costs it incurred in this process.

We congratulate the people and government of El Salvador for yesterday's win and for persevering in standing up to this corporate extortion. The decision is “mission accomplished in defense of the environment.” It is a victory for Cabañas, for El Salvador, for all of us. According to El Salvador’s lawyer, international support and solidarity helped make this victory possible.

Throughout the seven years of arbitration, the Pacific Rim case has loomed like a dark cloud over struggles for self-determination and the right to a healthy environment in Latin America. It has had a chilling effect on the development and implementation of public policy necessary to protect the environment and the right to water. In Guatemala, it was cited as a reason to ignore the suspension order for the Marlin mine issued by the Inter-American Commission on Human Rights.

With investor-state dispute settlement (ISDS) lurking in more than 3,000 trade deals, even our “wins” for human rights and the environment can come at a great cost: the legalized corporate extortion of governments when they act to protect the public interest.

That’s why we’re working on multiple fronts to stop ISDS and tip the balance of power away from corporations and back to the public. This includes stopping the proliferation of new trade deals that include ISDS provisions - like the TTIP and TPP. We’re working to change the rules underlying ISDS to make arbitration more transparent and give communities a voice. And for the people of El Salvador, we’ll continue to support them as they defend their right to water and a healthy environment in the years to come.

Full text of the decision: here. Read more about the decision via TeleSUR and Guardian

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