The Modern Gold Rush

With profit as the ultimate priority, mining corporations have flocked to mineral-rich developing nations and taken all they can — leaving behind a trail of infertile land, cyanide-laced water, and broken communities.

Lawsuits brought by corporations under FTAs and BITs represent huge economic costs for governments no matter the outcome. In another case filed against El Salvador, this one by Commerce Group (Commerce Group v. El Salvador), the Salvadoran government won—as Commerce Group had already filed a case in Salvadoran courts and thus did not have recourse to an international tribunal—but was still forced to pay $800,000 in legal fees. As such, governments must pay whether the tribunal decides in their favor or not, creating a lose-lose situation, especially for developing countries that already have tight budgets. Consequently, being subject to international investment rules, the governments of mineral-rich countries must think twice before implementing environmentally or socially responsible laws for fear of being sued by corporations that may feel their economic interests have been threatened. With the power to bypass national courts, corporations leavenations at the mercy of international tribunals where affected communities are not stakeholders.
http://www.eurasiareview.com/19112011-the-modern-gold-rush-oped/