- About bilaterals.org
- Feb-2016: New ISDS platform launched
- Sep-2004: Launch announcement
- Feb-2015: Relaunch of bilaterals.org
- Mar-2013: Relaunch of bilaterals.org
- Jun-2009: Relaunch of bilaterals.org
- Dec-2008: An update from bilaterals.org and logo design contest announcement
- Dec-2006: bilaterals.org in Spanish & French
- Sep-2006: Update from bilaterals.org
- How to participate
- Key issues
- Texts of agreements
Reko Diq saga: Balochistan wins again
The Nation, Pakistan
Reko Diq saga: Balochistan wins again
By Our Staff Reporter
20 February 20 2013
ISLAMABAD - Amidst continuing violence plaguing Balochistan, there is now a cause of joy for the Baloch people and the government.
In the parallel arbitration lodged by the corporation, TCC, before the International Chamber of Commerce International Court of Arbitration (ICC ICA), the tribunal has denied TCC any relief under its interim measures application and has supported the arguments of the provincial government.
The case before the ICC ICA was lodged in late 2011 and over the course of the year the government vehemently contested the same. In an obvious attempt to exert pressure on the government not only did the company TCC made two requests for arbitration (one before the ICC ICA against Balochistan and another before the International Center for the Settlement of Investment Disputes against Pakistan) but it had also made two similar requests for interim relief.
Instead of capitulating to the pressure, the Balochistan government and the federal government contested the arbitrations and the interim relief applications.
Through the interim measures application, TCC wanted Balochistan to stop its plans for working on the H4 deposit in Reko Diq in the interest of Balochistan and Pakistan, claiming that Balochistan would damage the area and that TCC would suffer irreparable harm.
The legal team representing Balochistan, comprising of ASC Ahmer Bilal Soofi, QC Arthur Marriott, QC Cherie Booth and Advocate General Balochistan Mahnaz Malik and Amanullah Kanrani vehemently contested the case. Dr Samar Mubarakmand gave witness testimony before the ICC tribunal.
The legal team was successful in proving to the tribunal that TCC would not suffer any irreparable harm if Balochistan were allowed to continue with its plans. In fact, it has now been established that Balochistan is working on the site for the benefit of the Baloch people and Pakistan in general.
It is also established that Balochistan would suffer more loss than TCC if it were ordered to stop its plans. The ICC tribunal should be commended for giving weight to and deciding on the matter in view of the representations made by the Government of Balochistan over the speculation offered by TCC.
The government had previously won in ICSID on a similar interim measures application and the ICSID tribunal had also given weight to Pakistan’s representations and had allowed the Balochistan government to continue with its plans for Reko Diq.
Later the Supreme Court held that TCC’s contract was illegal, void and non est after hearing and rejecting TCC’s arguments. The detailed judgment of the Supreme Court is awaited but it has been established by the Supreme Court that TCC does not have any rights over Reko Diq under the contract. There is now no obstacle for the Government of Balochistan to exploit the natural wealth of the Province for the betterment of the people.
Upcoming days of action
Oct to Nov: autumn of action against CETA in Europe incl. Austria, Belgium, Bulgaria, France, Italy, Germany, Greece, Netherland, Slovenia, Spain... - details
27-28 Oct: mobilisation in Brussels against CETA - contact
03-05 Nov: mobilisation in Brussels against TTIP - contact
4 Nov: Continental day for democracy and against FTAs & neoliberalism in Latin America - contact
Any edits, please contact us
News from the movements
28-Oct-2016 People Over ProfitFTAs operate as extensions of the WTO resulting in decentralized and yet intensifying attacks against workers and peasants across the different global regions.
27-Oct-2016 El BoletínUna campaña invita a activistas de todo el mundo a participar en acciones contra los tratados.
27-Oct-2016 ITFGlobal trade union leaders meeting in Panama have united in condemnation of TiSA (the Trade in Services Agreement) and CETA (the Comprehensive Economic & Trade Agreement), highlighting the risks that both trade agreements pose to jobs and job security.
27-Oct-2016 PSIOn 12 October, the closing day of the Asia Pacific Regional Conference in Fukuoka, around 250 delegates representing more than 70 PSI affiliates from 18 countries resolved to intensify the struggle against the ambitious Regional Comprehensive Economic Partnership under negotiation among 16 countries in the region.
20-Oct-2016 El DiarioHoy es un día clave en la defensa de la democracia tal y como la hemos entendido hasta ahora.
20-Oct-2016 Bangkok PostAccess to affordable medicine and farmers’ control over seeds could be undermined by the Regional Comprehensive Economic Partnership being negotiated between Asean member countries and six other trade partners, says FTA Watch in Thailand
20-Oct-2016 CEOA close look at the controversial EU-Canada trade deal shows that concerns blocking its ratification are well-founded.
19-Oct-2016 Telesur“We don’t want what happened to us to happen to the people in Dakota,” Piaguaje told teleSUR.
bilaterals.org is a collaborative space to share information and support movements struggling against bilateral trade and investment deals which serve corporations, not people. Multilingual. Global. No one owns it. Open publishing. Get involved.