Joint application seeking authorization for the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law to act as amicus curiae in Arbitration proceedings Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1)

The Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law (CIEL) submitted an amicus curiae application to the ICSID Tribunal in the case of Odyssey Marine Exploration, Inc. v. United Mexican States. The amici argue that the Mexican State was justified in denying an environmental permit for the Don Diego seabed mining project in the Gulf of Ulloa, as the project would violate international environmental and human rights laws, specifically the precautionary principle and the rights to work, health, and a healthy environment.

• The Don Diego Project is a seabed mining operation that would dredge 91 thousand hectares of the Gulf of Ulloa seabed in Baja California Sur, Mexico, extracting 7 million tonnes of sand and phosphate rock annually over a 50-year period.
• The project area overlaps with a fishing refuge zone established on 10 April 2015 and a fishing concession granted to the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. that is valid until 2035.
• The amici assert that the project would cause severe and potentially irreversible damage to the marine ecosystem, specifically threatening marine mammals such as humpback, Bryde's, and gray whales, as well as loggerhead sea turtles.
• The amici argue that the Mexican State's decision to deny the permit is supported by the precautionary principle of international law, which mandates preventive measures when there is scientific uncertainty about serious or irreversible environmental damage.
• The document highlights that other jurisdictions have taken a cautious approach to seabed mining; for example, the Northern Territory of Australia issued a moratorium in 2012 which evolved into a total ban on 4 August 2021.
• The amici contend that approving the project would violate the human right to work for the 128 families of the Cooperativa and other fishing communities in the Gulf of Ulloa who depend on the area for their livelihoods.
• The submission argues that the project would infringe upon the right to take part in cultural life, as fishing in the region is not only a livelihood but a distinctive way of life and method of production passed through generations.
• The amici state that the Mexican State has an international obligation to protect the right to health and a healthy environment, and that the project's toxic and radioactive emissions would breach these obligations.

APA

Center for International Environmental Law (2021). Joint application seeking authorization for the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law to act as amicus curiae in Arbitration proceedings Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1). https://www.ciel.org/wp-content/uploads/2022/02/Amicus-Curiae-application-for-leave-and-submission-of-CIEL-and-the-Cooperativa-Puerto-Chale-2.pdf

Chicago

Center for International Environmental Law. Joint application seeking authorization for the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law to act as amicus curiae in Arbitration proceedings Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1). 2021. https://www.ciel.org/wp-content/uploads/2022/02/Amicus-Curiae-application-for-leave-and-submission-of-CIEL-and-the-Cooperativa-Puerto-Chale-2.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=Joint application seeking authorization for the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law to act as amicus curiae in Arbitration proceedings Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1) |date=12 October 2021 |url=https://www.ciel.org/wp-content/uploads/2022/02/Amicus-Curiae-application-for-leave-and-submission-of-CIEL-and-the-Cooperativa-Puerto-Chale-2.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallaw2021joint, author = {{Center for International Environmental Law}}, title = {{Joint application seeking authorization for the Sociedad Cooperativa de Producción Pesquera Puerto Chale S.C.L. and the Center for International Environmental Law to act as amicus curiae in Arbitration proceedings Odyssey Marine Exploration, Inc. v. United Mexican States (ICSID Case No. UNCT/20/1)}}, publisher = {Center for International Environmental Law}, year = {2021}, month = oct, url = {https://www.ciel.org/wp-content/uploads/2022/02/Amicus-Curiae-application-for-leave-and-submission-of-CIEL-and-the-Cooperativa-Puerto-Chale-2.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }