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The free trade agreement (FTA) signed by Colombia to expand its access to
businesses in the world, begin to be put forward by the partners in the country to
act against internal decisions.
And from Canada's mining Eco Oro, and from Mexico, America Movil, which owns
Claro, consider that their rights as investors and announced that interpose actions
in light of FTAs with these countries, warning that Colombia is violating
commitments it made to agreements.
Also, I get the mining firm has more than a year ago on the table of the FTA with
the United States a plea on his project Taraira (Vaups). They say parallel to the
issue of mining title means an 'Express' consultation stepped forward to declare a
natural park, the army prevented the entry of indigenous groups opposed. Now, the
company has already reported that claims 16,500 million dollars.
Meanwhile, the possibility of lifting the patent is a drug firm Novartis, Switzerland,
could, experts say, to finish activating claims in light of the FTA with that country.
Adds that the country must have a pedagogy of public bodies on how the rules laid
down in the treaties, especially in investment, are supranational, which take
precedence over domestic legislation or internal faults, and that these investors by
virtue of legal certainty which give them the agreements, they have the power to
turn to international courts.
But, likewise, must be analyzed case by case to see if the claims are for general
investment conditions or the application of a particular and specific clause in
different disciplines.
If the State sees objectively, that a claim of this kind is badly and there are not
many chances to win, I think it should be seriously considered harmful conciliation.
A bad deal is better than a good lawsuit, and avoid a millionaire process that has
the force of law, Ibarra said.
And additionally must take into account that litigation entails costs, such as hiring
international lawyers in the jurisdiction of demand, but the most important is to
quantify the risks in case of loss. Furthermore, it stresses that Colombia should not
you at the global level, now you need to attract investment.