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entreprises minières canadiennes

Canadian Yearbook of International Law / Annuaire canadien de droit international (1)

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Beyond Gold Reserve Inc. v Bolivarian Republic of Venezuela: The Host State’s Capacity to Regulate Extractive Activities in Light of Canadian Firms’ Experience in International Investment Treaty Arbitration
JEAN-MICHEL MARCOUX
Journal:

Canadian Yearbook of International Law / Annuaire canadien de droit international / Volume 52 / October 2015

Published online by Cambridge University Press:

17 November 2015, pp. 261-295

Print publication:

October 2015
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In a recent award involving Gold Reserve Inc., an international investment arbitral tribunal concluded that Venezuela had to pay compensation of US $713 million for violations of the fair and equitable treatment provision of an international investment agreement between Canada and Venezuela. This decision contrasts sharply with the outcome of other investment disputes concerning Canadian extractive companies. Relying on a detailed analysis of awards involving EnCana Corporation, Glamis Gold Ltd. and Vannessa Ventures Ltd., this article recalls that host states can take measures to increase the benefits and limit the negative impacts of extractive industries’ activities without breaching their obligations under international investment law.