About the Event

On 9 September 2021, an arbitral tribunal constituted under the ICSID Convention rendered its award in Eco Oro Minerals Corp v The Republic of Colombia (ICSID Case No. ARB/16/41). The case involved gold mining activities in the vicinity of the páramo of Santurban, a fragile wetland ecosystem that provides fresh drinking water to millions of Colombians. Local communities protesting against mining activities in the region have long demanded ‘water before gold’. After mining was banned in Eco Oro’s concession area to protect the ecosystem pursuant to a Colombian Constitutional Court decision, the mining company filed an investment treaty claim under the Colombia-Canada FTA seeking compensation. Despite the presence of an environmental exception in the treaty, majority of the tribunal held that Colombia’s treatment of Eco Oro breached the minimum standard of treatment incorporated in the Colombia-Canada FTA. The tribunal held that Colombia’s actions regarding the mining concession located close to the páramo of Santurban were grossly inconsistent and unpredictable, and as such they violated the investor’s legitimate expectations.

The decision already attracted criticism from mainstream and critical investment law scholars. This rapid response event, co-organised by Essex Business and Human Rights Project , GLOBE Centre Warwick and The IEL Collective brings together experts to discuss the award and its broader implications for local communities and the investment treaty system.

Discussants:

• Dr Lorenzo Cotula, Principal Researcher, International Institute for Environment and Development
• Dr Jean Ho, Associate Professor, Faculty of Law, national University of Singapore
• Professor David Schneiderman, Faculty of Law, University of Toronto
• Dr Jimena Sierra, Osgoode Catalyst Fellow, University of York, and Adjunct Lecturer in Law, faculty of Law, University of Rosario
• Professor M Sornarajah, Faculty of Law, National University of Singapore

Moderator: Dr Anil Yilmaz Vastardis, Senior Lecturer, University of Essex

Register in advance for this meeting here (via Zoom)
After registering, you will receive a confirmation email containing information about joining the meeting.

For more details, see the website here.