Argentine Supreme Court of Justice, 07/03/2012, Barrick Exploraciones Argentinas S.A. et al v. Estado Nacional / acción declarativa de inconstitucionalidadArgentine Supreme Court of Justice, 07/03/2012, Minera Argentina Gold S.A. v. Estado Nacional / acc

The Argentine Supreme Court of Justice revoked the precautionary measures issued by the Judge in charge of the Lower Federal Court No. 1 in the Province of San Juan on the files mentioned above. These measures suspended the enforcement of articles 2, 3, 5, 6, 7 and 15 of Glacier Law No. 26639.
The Court stated that the precautionary measures were granted on inconsistent grounds. On the one hand, according to the lower court, the broad definition of glacier contained in the law creates a state of uncertainty, and on the other hand, the mechanisms to remove such uncertainty, such as the National Glacier Inventory and environmental impact assessments, are suspended. Once the glacier inventory is completed and the environmental assessments are performed, it will be possible to know exactly who is affected by this law. At such time, those who are affected by the law may bring their claims to court.
Moreover, the Court points out that these precautionary measures do not comply with the requirements set out for precautionary measures in general, as the right claimed lacks plausibility and there is no proof of the danger in the delay.