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Center for Intl. Environmental Law & Univ. Toronto launch guide to help NGOs file submissions in intl. investment arbitrations between govts. & firms to highlight human rights concerns

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29 January 2014

The Guide for Potential Amici in International Investment Arbitrations

Author: Center for International Environmental Law

The Center for International Environmental Law (CIEL) and the International Human Rights Program at the University Of Toronto Faculty Of Law…[have published] a new tool to aid non-governmental organizations defending the public interest in international investment litigation. The Guide for Potential Amici in International Investment Arbitrations explains when and how NGOs can strategically intervene as a third party in international investment arbitrations as an amicus curiae (friend of the court)…[T]he Guide…focuses on the potential of filing amicus submissions at the International Centre for Settlement of Investment Disputes (ICSID), which specializes in disputes between governments and companies…As amici, NGOs can highlight human rights concerns and direct the tribunal’s attention to issues relating to the public interest. Amicus submissions are powerful tools allowing NGOs to present legal arguments in defense of public interest to counterbalance the power and influence of corporations…

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1 January 2014

[PDF] Guide for Potential Amici in International Investment Arbitration

Author: International Human Rights Program, University of Toronto & Center for International Environmental Law

This guide is aimed at non-governmental organizations (NGOs) who are concerned that a dispute before the International Centre for Settlement of Investment Disputes (ICSID) may have an impact on human rights, labor rights, the environment or any other public interest, and that these potential impacts will not be adequately addressed or taken into account by the ICSID Tribunal hearing a dispute…[T]his guide provides an introduction to the process of intervening as a friend of the court, or amicus curiae, in ICSID proceedings…Section C provides an overview of how investment arbitration implicates human rights…Section E, “Lessons Learned and Best Practices,” looks at the experience of past amici curiae and proposes a framework for maximizing the effectiveness of an amicus curiae application and submission. Along the way, there will be boxed case studies that demonstrate how a given principle or concept has been applied in a specific case…[Refers to Border Timbers, Pac Rim Cayman (part of Pacific Rim Mining), Pacific Rim Mining, Suez, Socieded General de Aguas de Barcelona, Tecnicas Medioambientales Tecmed, Vivendi Universal]

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