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News: LYC Lynas Corporation Appeals Condition Imposed For Renewal Of Lynas Malaysia's Operating..., page-56

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zeropointmind

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06/01/19

03:20

Post #: 37035739
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Originally posted by EddieB ↑

I wouldn't presume to second guess Lynas's legal strategy but I think I like the way they're proceeding.
We're all seriously p'd off with the attitude of the minister and other toxic opponents. There is no doubt they have lied, abused process and been actively hostile to Lynas's continued operations on no sound scientific basis. I think we can all agree on that much.
So how does Lynas proceed to serve their interests best, always respecting the law and environment? Not by calling them liars and tackling them head on with law suits and counter accusations against individuals. Not in any country and especially not an Asian one where anti-Lynas are winning the PR war. That would set in stone a perception that Lynas are a bunch of colonial minded boofs and bullies who think they can bluster their way past sovereign rights. Every person sued would have to "win" or lose massive face, the space for any possible compromise would vanish and the Malaysian population would have all their worst suspicions about Lynas confirmed. Tempting as it may be, such a course would be a massive blunder; perhaps ruinous. (In that spirit I'd implore some here to moderate their language and avoid giving them further ammunition.)
In the end the malaysian process will confirm the minister's "decision"; Dr Who above quotes the law and ultimately it's the minister's call. So what's the point? Twofold as I see it.
First, Lynas get to have the decision clearly defined and documented. Rather than some letter from an underling pointing to a press release woefully short on specifics, the minister and her department will have to clearly set out the requirements, permitting processes, required timelines and so on. On that basis concrete planning can be put in place (or Lynas can decide it's impossible).
Second, Lynas maintain the high ground legally and culturally in stark contrast to the minister and her behviour. I'm no lawyer and certainly not aross the WTO and the like but I ASSUME Lynas has potential recourse via internation law. Possible grounds: being singled out for harrassment, rules imposed on them not being applied across industry, changing of foundation agreements without any due process or justification, ignoring world waste management best practice after requiring it ala IAEA recommendations before the TOL was issued etc.
If it comes to that- and I suspect it will- then the fact that Lynas has always played by the rules and respected Malaysian law, is start contrast to their treatment there by BOTH governments, will place them in good stead for a positive outcome.

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While I see your point and agree with that philosophical position, that's the course of action Lynas took in the past. Here we are again, same game being played. Where does it end ? Clearly we disagree. IMO, this time Lynas should make it clear they are willing to play hardball. There are plenty of easy targets in Malaysia, let the politicians move on to one of them.

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