Gabriel Resources Ltd and Gabriel Resources Jersey v Romania - ICSID Case No. ARB/15/31 - Respondent's Observations on New Evidence - 6 December 2021
Country
Year
2021
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID.
Table of Contents
1 INTRODUCTION
2 THE UNESCO LISTING HAS NO IMPACT ON THE MINING PROJECT
2.1 As a Matter of International Law, Romania Is Not Bound to Take Any Specific Measures That Would Interfere with RMGC's Mining Rights
2.2 As a Matter of Romanian Law, Romania Is Not Bound to Take Any Specific Measures That Would Interfere with RMGC's Mining Rights
2.2.1 Under Romanian Law, Any Land Management or Urbanism Measures that May Be Taken Pursuant to the UNESCO Listing Would Have to Take into Account Existing Mining Rights
2.2.2 It Is Still Open to (and Incumbent on) RMGC to Submit Urban Plans for the Project
2.2.3 The UNESCO Listing Does Not Affect the Ministry of Culture's Endorsement of the Project
2.2.4 The UNESCO Listing Does Not Affect the Existing ADCs or Prevent RMGC From Requesting Additional ADCs
2.2.5 The UNESCO Listing Does Not Affect RMGC's Right to Seek the Declassification of Roia Montan From the List of Historical Monuments
3 THE UNESCO LISTING HAS NO IMPACT ON THE TRIBUNAL'S DETERMINATIONS AS TO JURISDICTION, LIABILITY OR QUANTUM
3.1 The Tribunal Lacks Jurisdiction Over Any Claims Flowing from the UNESCO Application
3.2 The UNESCO Application Did Not Breach the BITs
3.3 The Claimants Have Failed to Prove the Quantum of their Alleged Damages
4 COMMENTS ON THE NEW EXHIBITS