Petition for Non-Disputing Party Status In Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No.ARB/15/31)

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Three Romanian NGOs—Alburnus Maior, Greenpeace Romania, and the Independent Center for the Development of Environmental Resources (ICDER)—are petitioning the ICSID Tribunal for amicus curiae status in the case of Gabriel Resources Ltd. v. Romania. The petitioners argue that the proposed open-pit gold mine in Roşia Montană poses severe risks to cultural heritage, including 2000-year-old Roman mining galleries, and threatens the environment through the use of cyanide, citing the 2000 Baia Mare spill as a precedent for potential disaster. They assert that their participation is essential to provide the Tribunal with unique factual and legal insights derived from their direct connection to the affected local communities and their history of strategic litigation against the project's permits. The NGOs emphasize that the case involves significant public interest, including the potential forced relocation of over 350 families and the risk of environmental degradation, which justifies transparency and civil society participation under the Romania-Canada BIT and ICSID rules.

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  • The proposed gold mining project in Roşia Montană threatens unique cultural and historical assets, specifically requiring the demolition of 18th and 19th century houses and churches and 2000-year-old gold mining galleries from the Roman Empire.
  • The project's use of large quantities of cyanide has raised fears of a toxic spill similar to or larger than the Baia Mare cyanide spill that occurred in 2000.
  • The mining development would cause significant social trauma by displacing entire communities, including the homes and lands of over 350 families represented by Alburnus Maior.
  • The petitioners argue the project offers limited economic viability and short-term benefits, as the low-grade reserves would require large-scale operations and primarily provide unskilled, low-paid jobs.
  • The prospective amici claim to possess unique evidence and perspectives not available to the disputing parties, particularly regarding domestic legal challenges and the shortcomings of the project's environmental impact statement.
  • The petition asserts that the arbitration is a matter of broad public interest because any damages awarded to the company would be paid from the Romanian government's coffers, reducing funds for other public services.

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APA
Center for International Environmental Law (2018). Petition for Non-Disputing Party Status In Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No.ARB/15/31). https://www.ciel.org/wp-content/uploads/2018/11/181102_Petition-Amicus-Status-ICSID-ARB-15_31.pdf
Chicago
Center for International Environmental Law. Petition for Non-Disputing Party Status In Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No.ARB/15/31). 2018. https://www.ciel.org/wp-content/uploads/2018/11/181102_Petition-Amicus-Status-ICSID-ARB-15_31.pdf.
Wikipedia
{{cite press release |author=Center for International Environmental Law |title=Petition for Non-Disputing Party Status In Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No.ARB/15/31) |date=2 November 2018 |url=https://www.ciel.org/wp-content/uploads/2018/11/181102_Petition-Amicus-Status-ICSID-ARB-15_31.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@misc{centerforinternationalenvironmentallaw2018petition, author = {{Center for International Environmental Law}}, title = {{Petition for Non-Disputing Party Status In Gabriel Resources Ltd. and Gabriel Resources (Jersey) v. Romania (ICSID Case No.ARB/15/31)}}, publisher = {Center for International Environmental Law}, year = {2018}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2018/11/181102_Petition-Amicus-Status-ICSID-ARB-15_31.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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