SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE

This amicus curiae brief, submitted by member organizations of the El Salvador National Roundtable on Mining (La Mesa) via the Center for International Environmental Law, argues that El Salvador's denial of a mining exploitation concession to Pac Rim Cayman LLC was consistent with international human rights and environmental obligations. The brief contends that the state must implement regulatory frameworks to protect citizens from the risks of extractive industries, particularly in water-scarce regions, and that public interest should be defined through environmental democracy and access rights.

• International human rights law obligates states to establish and apply legal frameworks that protect against environmental harm that could infringe upon human rights. The brief argues that El Salvador's application of a domestic legal framework to protect people from risks generated by third-party activities is a fulfillment of these obligations rather than a wrongful act.
• The brief asserts that procedural requirements, such as Environmental Impact Assessments (EIAs) and public consultations, are not mere formalities but essential tools to prevent environmental damage and human rights infringements. It argues that incomplete or deficient assessments do not satisfy a state's procedural obligations to provide the public with accurate environmental information.
• The public interest in El Salvador is argued to be defined by respect for human rights and the environment, specifically through 'environmental democracy' and the access rights (information, participation, and justice) enshrined in Principle 10 of the Rio Declaration. Under this view, any activity causing environmental harm or impairing human rights cannot be considered in the public interest.
• The brief contends that the requirement in the Mining Law for authorizations from landowners within a requested concession area is an expression of Principle 10 of the Rio Declaration, as it allows directly affected individuals to participate in the legal process regarding exploitation concessions.
• The document claims that Pac Rim's presence in El Salvador generated severe social conflict and 'corrosive communities' through a 'divide and conquer' strategy, including payments of approximately $1 million per year to fund community projects and payments to regional mayors to secure a 'social license to operate'.
• The brief reports a pattern of violence against environmental defenders in the Department of Cabañas linked to the El Dorado mine project. Specifically, it cites the 2009 murders of Marcelo Rivera (kidnapped and tortured), Ramiro Rivera (killed by gunmen with M-16 rifles), and Dora Alicia Recinos Sorto (shot while 8 months pregnant).
• The brief argues that while states have permanent sovereignty over their natural resources, this sovereignty is limited by human rights obligations, including the right to a healthy environment and the collective property rights of indigenous communities.

APA

Center for International Environmental Law (2014). SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE. https://ciel.org/Publications/PacRim_AmicusEng_25Jul2014.pdf

Chicago

Center for International Environmental Law. SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE. 2014. https://ciel.org/Publications/PacRim_AmicusEng_25Jul2014.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE |date=25 July 2014 |url=https://ciel.org/Publications/PacRim_AmicusEng_25Jul2014.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2014submission, author = {{Center for International Environmental Law}}, title = {{SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE}}, institution = {Center for International Environmental Law}, year = {2014}, month = jul, url = {https://ciel.org/Publications/PacRim_AmicusEng_25Jul2014.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }