Workshop

Investor–State Dispute Arbitration Prevention in the Mining Sector

This workshop focused on the context, risks, and prevention options related to investor-state dispute settlement in the mining sector in Panama.

February 2, 2022 9:00 am - February 3, 2022 12:00 pm EST

(By invitation)

Foreign direct investments play an important role in mining sector development, particularly in developing and emerging economies. However, host countries are at risk of being subject to huge claims by foreign investors under existing investment treaties’ dispute settlement mechanisms. 

This workshop aimed to help Panama officials from various ministries involved in mining sector regulation and defending governments in investment disputes gain a common understanding of the context and risks related to investorstate dispute settlement (ISDS) in the mining sector, as well as explore options for preventing ISDS claims.

The main objectives of the workshop were for participants to better understand:

  • The key legal and policy issues at the nexus of ISDS and sustainable development in the mining sector. 
  • The main characteristics and differences between treaty-based ISDS and contract-based ISDS and the implications for preventing disputes in the mining sector.
  • Basic principles and best practices in preventing ISDS claims in the mining sector, in both the short term and long term.
  • Possible reform options for preventing ISDS claims in mining in Panama, while maintaining the national policy space to advance sustainable development objectives.
Report

IGF Mining Policy Framework Assessment: Panama

This assessment report examines Panama's mining policy framework specifically concerning six important focus areas and makes recommendations for policy reform and improvement.

December 22, 2020

Panama's mining sector is small but holds significant potential for growth. With a world-class copper mine beginning operation in 2019, the sector is expected to soon account for 6% of the county's GDP. Mining has the potential to become the country’s second largest economic sector, after the Panama Canal, and fund sustainable development initiatives throughout the country.

The government requested a Mining Policy Framework assessment from Intergovernmental Forum in Mining, Minerals, Metals and Sustainable Development (IGF) to help authorities manage potential mining developments in accordance with international best practices and with a focus on achieving Panama’s sustainable development objectives.

To inform this report, the assessment team carried out extensive desk-based research and an in-country mission to visit large- and small-scale mines and meet with numerous stakeholders from government, civil society, aboriginal communities, international organizations, and the private sector.

This report presents Panama's economic, legal, and mining contexts and highlights strengths and gaps in the country's mining laws, policies, and regulations across six thematic areas: legal and policy environment, financial benefit optimization, socioeconomic benefit optimization, environmental management, post-mining transition, and artisanal and small-scale mining. Finally, the report includes specific recommendations for policy reform.

Report details

Policy Analysis

Dining in Advance of Durban: Leftovers in Panama and some new food for thought

October 19, 2011

The most recent meeting of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP) and the Ad Hoc Working Group on Long-Term Cooperative Action under the Convention (AWG-LCA) took place from Saturday, October 1 through Friday, October 7 in Panama City, Panama.

The Panama session was successful in moving discussions forward on a number of issues, including technology, adaptation, REDD+ and agriculture—but it also highlighted areas of significant divergence on the high-level issues of mitigation, finance sources and legal form. IISD's Climate Change and Energy team provides commentary on the outcomes of the Panama session and the outlook for COP 17 in Durban, South Africa.

Policy Analysis details