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22 Aug 2016

World Bank tribunal refuses to allow Columbia Center on Sustainable Investment to contribute in Bear Creek Mining dispute

In June 2016, the Columbia Center on Sustainable Investment (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 importance of considering human rights obligations and responsibilities in the interpretation and application of the Peru-Canada Free Trade Agreement, as well as the systemic legal and public policy implications of certain interpretations of investment treaty standards, which can impede host states’ ability to regulate in the public interest.  On July 21, the Tribunal determined that CCSI’s application should be denied. On August 3, CCSI responded to the Tribunal, noting concerns regarding the Tribunal’s approach. CCSI’s full application and submission, along with the relevant Procedural Order of the Tribunal, can be found on CCSI's website