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Mining activity has currently come to play a leading role in the economies of Latin America and especially in our country, due to multiple factors linked to the evolution and development of technologies and the changes that affect the mining system production.
This investigative analysis has the purpose of demonstrating on the one hand; that our legal system that regulates mining activity in Panama requires updating, which is why foreign investments and concessions for mining exploitation will be carried out without major legal obstacles, gaining more and more force in a compulsive manner, due to the few barriers or laws that should more rigorously regulate such investments.
Before entering into the analysis, directly to the activities and procedures that such mining activity requires, we will try in a very general way to explain what mining activity has been like in Panama, from the emergence of the new republic from 1903 to our days. We will expose the behavior of the transnational, the investments in Panama, the causes that led to the declaration by our local courts, the unconstitutionality of the law contracts and the violations committed by the concessionaire company, regarding our internal law and the scope of international law as a legal instrument in defense of investments in our territory.
The Legal relationship developed in the midst of the financial agreements reached by the parties, regarding the extraction of gold and silver in the Donoso mine and the consequences that such declarations of unconstitutionality may entail vs. the security of the capital invested in our territory are tasks that are presented to Panama. These challenges predict for our legislation a compromise that will have to be overcome, without a doubt, in international courts.
What would be the role it would play in the International Center for Settlement of Investment Disputes (ICSID). In the event that the parties involved agree to resolve the differences arising from said contract within the International Center for Settlement of Investment Disputes (ICSID), what would be the outcome in the event of a possible ruling in these courts with respect to our legislation? From the perspective of internal law and the interests of the Republic of Panama.
