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211 pages, Kindle Edition
First published March 23, 2021
'Should not the Salvadoran government be rewarded, not punished, for putting its people and its environment first? How could a corporation that does not yet have a mining license sue? How could such a corporation possibly sue for the fuzzy concept of future profits forgone?' p.96
'Why did a panel of [...] arbitrators [...] get to decide whether El Salvador's mining law, with its requirements for land ownership or permission to mine, was legal? Why should a panel of of three de facto judges from other countries, using biased set of rules, get to decide whether a sovereign nation's laws were legal?'
'Countries agreed to create and continued to maintain this system; they agreed to sign bilateral and multilateral trade and investment treaties giving power to these tribunals.'
'But [...] all of Latin America had voted against [International Centre for Settlement of Investment Disputes]'s creation in the infamous Tokyo No vote of 1964.' p.150
[W]hile unwavering in her [El Salvador’s Minister of Environment] certainty that [the President] would not cave in and allow a deal [to permit mining], she admitted to being almost certain that El Salvador would lose the [legal] case [vs the mining company]. One had only to look at El Salvador’s past history, she expounded: “El Salvador always loses. Our country has never been very good at defending itself.” Why would [this case] be any different? p.148
The poorer people cannot afford to care as much for the environment as wealthier people. The evidence from northern El Salvador is to the contrary. It is the poor who often care most, in part because the precious land and water and natural resources that surround them are vital to their survival. The water defenders had many middle-class and some wealthy allies, but their core was rooted in poorer communities. p.189