Gabriel Resources Ltd and Gabriel Resources (Jersey) Ltd v Romania:<i>According Fair and Equitable Treatment to an Environmentally, Socially and Culturally Controversial Project</i>

This case comment analyzes the Award of 8 March 2024 in Gabriel Resources and Gabriel Resources (Jersey) v Romania, an ICSID case initiated on the basis of the Canada-Romania bilateral investment treaty (Canada BIT) 3 and the United Kingdom (UK)-Romania BIT (UK BIT). 4 It is one of several international investment law cases concerning disputes about regulatory approvals for mining operations. 5 These cases typically emerge when there is significant public opposition to proposed new mining ventures as the location, scale and method of operations become better known.Host States may take measures to alleviate concerns of residents, such as imposing stricter regulatory controls or withholding development approval.The consequences for investors can range from disappointment about process because they had expected swift regulatory approval, through to significant effects on their operations, such as costly delays or even project abandonment.These cases bring to the fore critical and challenging questions about how international investment law is expected to resolve the tension that commonly exists between public and private rights.