• Ecuador''s Highest Court Enforces Constitutional ''Rights of …

     · In an unprecedented case, the Constitutional Court of Ecuador has applied the constitutional provision on the "Rights of Nature" to safeguard the Los Cedros cloud forest from mining concessions. The court voted seven in favor, with two abstentions. In the wake of the ruling, which was published Dec. 1, the Constitutional Court will develop a binding area of …

  • EcuadorTimes | Breaking News, Ecuador News, World, Sports, …

     · However, the Ecuadorian Mining Chamber denounced that the Court would be generating legal uncertainty with the ruling. "This revoke two mining concessions that covered almost 25,000 acres of protected forest and sets an important precedent," added the United Nations (UN) ambassador on his Twitter account.

  • Landmark Ruling Blocks Mining in Ecuadorian Forest, Citing …

     · Ecuador''s constitutional court has blocked plans to mine copper and gold in Los Cedros, a protected cloud forest, ruling that the plans violate the rights of nature. "This is a historic victory in favor of nature," Natalia Greene of the Global Alliance for the Rights of Nature said in a statement. "This sets a great juridical precedent ...

  • EDITORIAL: Government digs in and finds a way to effect mining …

     · give legislative effect to the controversial 2018 Mining Charter that the Pretoria high court ruled in September was a ... would be challenged in the Constitutional Court, further prolonging the ...

  • Judgments

    On Friday, 12 November 2021 at 12h00, the Constitutional Court handed down judgment in an application for leave to appeal against a judgment and order of the Supreme Court of Appeal, hearing an appeal from the Limpopo Division of the High Court, Thohoyandou. The matter related to the Traditional Leadership and Governance Framework Amendment Act ...

  • No jurisdiction to try former PM Augustin Matata, DRC constitutional court …

     · The Constitutional Court of the Democratic Republic of Congo (DRC) ruled on Monday in Kinshasa that it had no jurisdiction to try former Prime Minister Augustin Matata on charges of embezzlement ...

  • 2020

     · In fact, in 2018 the Constitutional Court upheld the community''s right to say no to mining and to decide their own developmental path. At the same time, the community pressed forward with their PAIA application, believing that other communities also deserve the opportunity to freely access information about the operations that impact them in order to make informed …

  • Ecuador''s High Court Affirms Constitutional Protections for the …

     · Mining in a protected region of the Ecuadorian rainforest violates the rights of nature, Ecuador''s Constitutional Court ruled on Wednesday, in a landmark decision interpreting the …

  • Constitutional Court of Ecuador to Make Landmark "Rights of Nature" Ruling

     · Constitutional Court of Ecuador to Make Landmark "Rights of Nature" Ruling. In what may result in a landmark decision, on October 19 th, 2020, the Ecuadorian Constitutional Court held a hearing to determine whether Cornerstone Capital Resources Ltd. ("Cornerstone"), a Canadian mining company, may proceed with its plans to develop a ...

  • Rights of Nature Victory in Ecuador

     · The Court ruled that mining in the Los Cedros Protected Forest is a violation of the constitutional rights of nature, and is therefore prohibited in the forest. The Court ruled that the constitutional rights of nature were violated by the issuance of mining permits that would harm the biodiversity of the forest, including species at high risk of extinction and fragile ecosystems …

  • Constitutional Court empowers mining communities in South …

     · The Constitutional Court in South Africa has ruled that mining communities can now exercise their constitutional rights to oppose mining companies who bypass them in favour of working through traditional leaders. This is according to the Mining Forum of South Africa (MFSA) – an organisation that "seeks to be an agent of transformation in the mining industry …

  • South Africa''s Constitutional Court Protects Land Rights | …

     · South Africa''s highest court has delivered two landmark decisions protecting women''s rights to equality and land ownership, as well as the rights of communities living in mining areas. The ...

  • High Court Ruling on Mining Charter 2018: "Once Empowered, …

    High Court Ruling on Mining Charter 2018: "Once Empowered, Always Empowered" Once empowered [is] always empowered [after all] – this is the effect of the judgment handed down by the High Court, Pretoria on 21 September 2021 in the matter between Minerals Council of South Africa vs Minister of Mineral Resources and Energy and thirteen others [Case No.20341/19] …

  • FULL JUDGMENT: Constitutional Court rules on Nkandla | News24

     · Date of judgment: 31 March 2016. MEDIA SUMMARY - DOWNLOAD THE FULL JUDGMENT HERE. The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court. Today the Constitutional Court handed down judgment in a matter concerning the power of the Public ...

  • ''Massive victory'' for small community in mining rights case

     · Having a mining right does not surpass the rights of those who currently occupy the land. This finding was made by the Constitutional Court on Thursday as it set aside an eviction order obtained ...

  • High Court Ruling on Mining Charter 2018: "Once Empowered, …

     · Once empowered [is] always empowered [after all] – this is the effect of the judgment handed down by the High Court, Pretoria on 21 September 2021 in the matter between Minerals Council of South Africa vs Minister of Mineral Resources and Energy and thirteen others [Case No.20341/19] (the "Judgment") in relation to the challenge to the Broad-Based Socio …

  • Plans to mine Ecuador forest violate rights of nature, court rules | …

     · Landmark ruling says mining permits issued in Los Cedros protected area breach Ecuador''s constitution Last modified on Mon 6 Dec 2021 12.47 EST Ecuador''s highest court has ruled that plans to ...

  • Indonesia court ruling on mining law won''t deter companies …

     · Indonesian coal miners said on Monday that a Constitutional Court ruling last week removing guarantees on mining contract extensions won''t put them off applying to extend their licences. Indonesia ...

  • PF PONDERS JOINING CONTENTIOUS CONCOURT CASE – Daily …

    PF PONDERS JOINING CONTENTIOUS CONCOURT CASE. THE Patriotic Front which has 60 seats in Parliament is considering joining a petition by the UPND in the Constitutional Court which seeks to make it easy to nullify election petitions. PF chairperson for Information and Publicity, Raphael Nakacinda said the party was pondering to join the matter to ...

  • Court says Colombia votes cannot block mining, oil projects | …

     · Court says Colombia votes cannot block mining, oil projects. BOGOTA (Reuters) - Colombia''s constitutional court on Thursday ruled that local referendums that ban mining and oil extraction cannot ...

  • Spain: Constitutional Court rules against Edgewater claims & …

     · Although the ruling is a setback for Edgewater, the company has announced that it will appeal to international arbitration to defend their interests, and that there are still pending a court decision in the High Court of Galicia for the cancellation of the mining project.

  • Cornerstone Capital''s exploration activities in Ecuador forest …

     · Earlier this month, the Ecuador Constitutional Court revoked the water and environmental rights of Cornerstone Capital Resources (TSXV: CGP) and the Ecuador state mining company (ENAMI) for the ...

  • Court rules against Antipolo mining ban – Manila Bulletin

     · Three weeks ago, Branch 97 of the Regional Trial Court (Fourth Judicial Region) ruled against a move by the local government of Antipolo to ban all mining, quarrying and related activities within the jurisdiction of the city. In its decision, the court ruled that the ordinance passed by the Antipolo ...

  • Ecuador Constitutional Court Rules on exploration

     · Ecuador Constitutional Court Rules on exploration activities in the "Los Cedros" Protected Forest in the Rio Magdalena Project within the ENAMI EP Strategic Exploration Alliance in NW Ecuador ...

  • Ecuadorian Mining Company Defeated By Nature Itself in Court

     · In a landmark ruling, the constitutional court of Ecuador decided that mining permits issued in Los Cedros, a protected area in the north-west of the country, would harm the biodiversity of the ...

  • Mining companies express worry over Ecuador court ruling

     · Mining companies express worry over Ecuador court ruling. Ecuador''s mining industry is threatened by legal uncertainty, the sector''s guild said on Wednesday, citing a decision by the country ...

  • The Constitutional Court on the rights of minority trade unions in …

    334 Constitutional Court Review 2020 The Constitution makes provision for a number of rights under two spheres. The one can be categorised under ''collective labour law'', and by implication ''collective bargaining'', and the other under ''freedom of association''.

  • Landmark ConCourt judgment says mining rights do not trump …

     · The public benches at the Constitutional Court erupted with song and applause on Thursday, as the court struck down an eviction order awarded to a mining company that had resulted in the removal of a community from the farm they had owned for almost a century. ...

  • Constitutional Court Could Save Los Cedros Reserve in Ecuador from Mining | Mining…

     · In a precedent-setting move, the Constitutional Court of Ecuador has announced it will take on the case of the Los Cedros Protected Forest, which is threatened by grand-scale copper and gold mining, by using unique Rights of Nature laws enshrined in the constitution. Edgar , who heads the legal team for Los Cedros, says: "The ...

  • Constitutional Court of Ecuador to Make Landmark "Rights of …

     · Constitutional Court of Ecuador to Make Landmark "Rights of Nature" Ruling. In what may result in a landmark decision, on October 19 th, 2020, the Ecuadorian Constitutional Court held a hearing to determine whether Cornerstone Capital Resources Ltd. ("Cornerstone"), a Canadian mining company, may proceed with its plans to develop a ...

  • High Court ruling on Mining Charter 2018

     · High Court ruling on Mining Charter 2018. By Guest Contributor. Oct 1, 2021. Once empowered [is] always empowered [after all] – this is the effect of the judgment handed down by the High Court, Pretoria on 21 September 2021 in the matter between Minerals Council of South Africa vs Minister of Mineral Resources and Energy and ...

  • High Court Ruling On Mining Charter 2018: "Once Empowered, …

     · Once empowered [is] always empowered [after all] – this is the effect of the judgment handed down by the High Court, Pretoria on 21 September 2021 in the matter between Minerals Council of South Africa vs Minister of Mineral Resources and Energy and thirteen others [Case No.20341/19] (the "Judgment") in relation to the challenge to the Broad-Based Socio …

  • Landmark Ruling Blocks Mining in Ecuadorian Forest, Citing Rights …

     · Ecuador''s constitutional court has blocked plans to mine copper and gold in Los Cedros, a protected cloud forest, ruling that the plans violate the rights of nature. "This is a historic victory in favor of nature," Natalia Greene of the Global Alliance for the Rights of Nature said in a statement. "This sets a great juridical precedent ...

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