Bringing community perspectives to investor-state arbitration: the Pac Rim case

This research paper examines the use of amicus curiae submissions by civil society organisations (CSOs) to introduce community perspectives into investor-state arbitration, focusing on the case of Pac Rim Cayman LLC v. The Republic of El Salvador.

• The coalition La Mesa, supported by CIEL and FESPAD, used amicus curiae submissions to bring community perspectives and the democratic debate regarding metals mining and sustainable development to the arbitral tribunal in the Pac Rim case.
• In the jurisdictional stage of the arbitration, the tribunal decided it lacked jurisdiction to hear claims made under the Dominican Republic-Central America Free Trade Agreement (CAFTA), although claims under El Salvador’s Investment Law were permitted to proceed to the merits stage.
• La Mesa's jurisdictional submission argued that Pac Rim's relocation from the Cayman Islands to Nevada, USA, was an abuse of process intended to improperly access CAFTA investment protections, as the company lacked substantial business activities in the United States.
• The authors identify alliance building as central to CSO engagement in arbitration, noting that the technical nature of the process requires partnerships between local community coalitions (like La Mesa) and specialists with international legal expertise (like CIEL).
• To be viewed as credible by arbitral tribunals, CSOs must frame their submissions in technical legal terms—such as jurisdiction or merits—even when the underlying community concerns relate to human rights and environmental protection.
• The advocacy against metals mining in El Salvador occurred in a violent context, with four environmental activists and mining opponents killed in 2009, leading CSOs to seek intervention from the Inter-American Commission on Human Rights.

APA

Orellana, M. A., Baños, S., & Berger, T. (2015). Bringing community perspectives to investor-state arbitration: the Pac Rim case. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/09/Community_Amici_ICSID_IIED_Jul2015.pdf

Chicago

Orellana, Marcos A., Saúl Baños, and Thierry Berger. Bringing community perspectives to investor-state arbitration: the Pac Rim case. Center for International Environmental Law, 2015. https://www.ciel.org/wp-content/uploads/2015/09/Community_Amici_ICSID_IIED_Jul2015.pdf.

Wikipedia

{{cite report |last1=Orellana |first1=Marcos A. |last2=Baños |first2=Saúl |last3=Berger |first3=Thierry |title=Bringing community perspectives to investor-state arbitration: the Pac Rim case |publisher=Center for International Environmental Law |date=June 2015 |url=https://www.ciel.org/wp-content/uploads/2015/09/Community_Amici_ICSID_IIED_Jul2015.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{orellana2015bringing, author = {Orellana, Marcos A. and Baños, Saúl and Berger, Thierry}, title = {{Bringing community perspectives to investor-state arbitration: the Pac Rim case}}, institution = {Center for International Environmental Law}, year = {2015}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2015/09/Community_Amici_ICSID_IIED_Jul2015.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }