AMICUS CURIAE SUBMISSION

The submission by Alburnus Maior, ICDER, and Greenpeace Romania contends that Gabriel Resources Ltd. failed to conduct adequate due diligence on the feasibility of its gold mining project in Roșia Montană and ignored the rights of local communities. The authors argue the company violated the right to adequate housing through coercive land acquisition and failed to obtain necessary urban, archaeological, and environmental permits required by Romanian and EU law. They further claim the company attempted to bypass these legal requirements through a proposed 'special law' and engaged in misconduct to silence critics. Consequently, the submission argues the tribunal lacks jurisdiction under the Achmea precedent regarding EU law and that the company's unlawful conduct disqualifies its investment from protection under the Canada-Romania BIT.

• Gabriel Resources Ltd. failed to perform adequate due diligence on the feasibility of the project, specifically regarding the acquisition of surface rights and the resettlement of approximately 974 households, despite clear and early opposition from the local community.
• The company is accused of violating human rights and corporate social responsibility standards by failing to obtain a 'social license to operate' and actively suppressing opposition through media campaigns, lawsuits against journalists, and intimidation of local residents.

APA

Center for International Environmental Law (2018). AMICUS CURIAE SUBMISSION. https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf

Chicago

Center for International Environmental Law. AMICUS CURIAE SUBMISSION. 2018. https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=AMICUS CURIAE SUBMISSION |date=2 November 2018 |url=https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2018amicus, author = {{Center for International Environmental Law}}, title = {{AMICUS CURIAE SUBMISSION}}, institution = {Center for International Environmental Law}, year = {2018}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2024/02/Amicus_Submission_Rosia_Montana_ICSID_2018.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }