Montauk Metals Inc v Colombia   A New Case on Environmental Exceptions and Investment Protection Treaties.

  • Published In: ICSID Review: Foreign Investment Law Journal, 2025, v. 40, n. 2. P. 441 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Velasco, Carlos López-Córdova 3 of 3

Abstract

The article discusses the Tribunal's decision in the case of Montauk Metals Inc (formerly Galway Gold Inc) v Colombia, focusing on the application of environmental exceptions under the Canada–Colombia Free Trade Agreement (FTA). The dispute arose after Colombia prohibited mining activities in the páramo region to protect its unique ecosystems, which are vital for water supply. The Tribunal ruled that Colombia's measures were a legitimate exercise of police powers aimed at environmental protection and did not violate the investment protection standards of the FTA, thus determining that the environmental exception did not apply in this case. The decision highlights the balance between environmental measures and investment protections in international law. [Extracted from the article]

Additional Information

  • Source:ICSID Review: Foreign Investment Law Journal. 2025/04, Vol. 40, Issue 2, p441
  • Document Type:Article
  • Subject Area:Science
  • Publication Date:2025
  • ISSN:0258-3690
  • DOI:10.1093/icsidreview/siaf011
  • Accession Number:191590480
  • Copyright Statement:Copyright of ICSID Review: Foreign Investment Law Journal is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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