There is a long-running Court action (Action No. C-1912-2001) in Chile found on the Court's website, initiated in 2001 by Mr. Villar (a professional mining agent representing miner Jorge R. Lopehandia), regarding mining rights for an 8,400-hectare plot of land in Chile, 3,400 hectares of which lie superimposed with two other claims, with one of which, "Los Amarillos 1-3000", allows mining of salts and nitrates only, and the other, Tesoro, was filed by Barrick's mining agent atop both of the Los Amarillos 1-3000 claims and the Amarillo Sur claims obtained by Barrick in the referenced Court-disputed transaction involving a purchase price of $20. All of these Claims are located superimposed partially over Barrick's Pascua Lama mine. Barrick contends the Claims dispute involves the scenario where "The lone road to Barrick's Pascua Lama mine snakes through Mr. Villar's claim, however even if Barrick doesn't win the appeal against Mr. Villar, Barrick can still continue to use this road to as Mr. Villar would only control mining rights to the disputed territory, not surface rights." The Court case is now moving to a final conclusion at the Supreme Court level in Santiago's 14th District Court, which is hearing evidence of Barrick's connection with the registered owner of the Tesoro Claims, Hector Unda Llanos. Unda Llanos has sworn opposing statements to the Chilean Courts, variously, that he has no connection to Barrick nor its subsidiaries, and also, in a separate but related Court Case in Chile, that he is Barrick's employee. These opposing statements were sworn to the Court ostensibly to suit Unda Llanos' needs at the time, to benefit Barrick's position in these two Court cases, brought by or on behalf of Jorge R. Lopehandia. Barrick has consistently represented that it owns all Claims in the Pascua project area but does not divulge that Unda Llanos (not Barrick) owns the Tesoro Claims, which Claims have been under injunction since Action No. C-1912-2001 was filed in the 14th Civil Court of Santiago. Barrick found it necessary to order its mining agent, Unda Llanos, to file the Tesoro Claims over top of the Amarillo Sur Claims. Curious, since Barrick asserts that its underlying (its oldest Pascua Claim, obtained from Lac Minerals Ltd. in 1994) Los Amarillos 1-3000 Claims do in fact support metallic mining, and not just salts and nitrates, one must logically question Barrick's assertion; why would Barrick need a superimposed Claim (Tesoro) that does support metallic mining? How can Barrick lawfully assert (and the Provincial Securities Commissions lawfully maintain) in its Pascua-Lama Technical Reports that: "In both Chile and Argentina, Barrick, through its wholly owned Argentinean subsidiary, Barrick Exploraciones S.A., and its wholly owned Chilean subsidiary, Compañia Minera Nevada SpA, owns the mining property in the project area.", since the Unda Llanos-owned Tesoro Claims are under a Court Injunction preventing their exploitation in any manner. [
Chile is a "Napoleonic Code" jurisdiction, similar to France and Quebec, and its system of law varies from that in England, Canada and the United States ("Common law" jurisdictions). Accordingly, its Court procedure is considerably different than that of Common law jurisdictions.] The project formerly became possible with the adoption by Chile and Argentina of the Mining Integration and Complementation Treaty, signed by the presidents of Chile and Argentina in 1997 and ratified by their legislatures in 2000. This treaty permits investors to explore and exploit mineral deposits that straddle the border between the two countries. In 2000, an appeal was filed with the Chilean Constitutional Court to rule the treaty unconstitutional. analyzing the treaty, have concluded that, "both in terms of content and form, [it] contains provisions that violate Chile's constitution". Nevertheless, nothing came of the lawsuit, and Chile's
National Environmental Commission (CONAMA) issued its final approval for the Pascua Lama project on 13 June 2006. == History of the project ==