SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE

The document provides legal commentary on the dispute between Pac Rim Cayman LLC and the Republic of El Salvador, asserting that the state's regulatory framework for mining is a necessary tool to prevent human rights infringements and environmental damage. It emphasizes that the 'public interest' must be defined through environmental democracy and access rights, as outlined in Principle 10 of the Rio Declaration. The brief further details the social conflict and violence, including murders of environmental defenders, resulting from Pac Rim's activities in the Cabañas department.

• International human rights law obligates states to implement legal frameworks that protect against environmental harm that could infringe upon human rights, meaning such regulatory actions do not constitute wrongful acts.
• The right to a healthy environment is recognized globally and regionally, including through the Stockholm Declaration and the San Salvador Protocol, and requires states to maintain institutional and normative capacity to be effective.
• Procedural obligations, such as Environmental Impact Assessments (EIAs) and public consultations, are essential legal tools for preventing rights infringements and are not mere formalities.
• The 'public interest' in the context of natural resource use should be defined by environmental democracy and the access rights to information, participation, and justice established in Principle 10 of the Rio Declaration.
• The state's permanent sovereignty over its natural resources is limited by international human rights obligations and the collective property rights of indigenous communities.
• Pac Rim's presence in the Cabañas department of El Salvador led to severe social conflict and violence, including the murders of environmental defenders Marcelo Rivera, Ramiro Rivera, and Dora Alicia Recinos Sorto.

APA

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

Chicago

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

Wikipedia

{{cite report |last1=Orellana |first1=Marcos A. |title=SUBMISSION OF AMICUS CURIAE BRIEF ON THE MERITS OF THE DISPUTE |publisher=Center for International Environmental Law |date=25 July 2014 |url=https://ciel.org/Publications/PacRim_AmicusEng_25Jul2014.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{orellana2014submission, author = {Orellana, Marcos A.}, 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} }