21 years to be concluded.122 An Environmental Sensitivity Analysis commissioned by an entity affiliated to BHP Billiton in 2005 concluded that: considerable damage has already been done to Wane 1 and 2 by bauxite mining. If Wane 1 and 2 are effectively rehabilitated, the diversity of the Wane Hills will be partially restored… [BHP Billiton] should aim to conclude mining and exploration activities of the four Wane Hills as soon as possible, restore disturbed areas to an acceptable state, and withdraw from the [Wane Kreek Nature Reserve].123 69. The same study also considered that the Wane Hills, where mining is conducted inside the Wane Kreek Reserve, “represent a unique environment of high conservation value.” 124 Despite this consideration, the report also stated that in “cases where financial returns are immense and social benefits very widespread, exceptions [to the conservation approach] could be countenanced (…).”125 The final recommendations of the report included “[c]omit[ting] irrevocably to not mining Wane 3 and 4 and avoid any further disturbance of these hills” and “[r]ehabilitat[ing] damage to Wane 4 caused by the exploration programme,” among others.126 In addition, bauxite mining is known to potentially affect the environment in important ways, causing effects such as deforestation and habitat destruction, increased erosion and turbidity, disturbance and pollution of hydrology, which threatens aquatic biodiversity, acid soil drainage in coastal areas, among others .127 V. ANALYSIS OF LAW 70. Based on the foregoing factual findings and the legal arguments of the parties, this section applies relevant legal instruments and the inter-American jurisprudence to this case. A. Preliminary Observation 71. In its communication of September 12, 2008, in the merits phase of the present case, Suriname has argued that the Commission does not have jurisdiction ratione temporis to determine potential violations of the rights protected by the American Convention arising from acts that took place before Suriname ratified the Convention on November 12, 1987. In particular, the State 122 Annex 8. Submission of the petitioners, December 22, 2010, Expert Report of Dr. Stuart Kirsch, November 25, 2010, pp. 15-16. 123 Annex 23. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, pp. iv, 20-21. 124 Annex 23. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, p. 125 Annex 23. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, p. iii. iv. 126 Annex 23. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, p. 21. The State has stated that mining activities were scheduled to be completed by 2008, but the Commission has not received information to confirm that the mining activities have been concluded. Submission of Suriname, March 22, 2008, p. 6. 127 See, e.g., Environmental Issues Related to Bauxite Mining and Processing, With Emphasis on Biodiversity and Water, Bauxite Instituut, discussing consequences of bauxite mining in Suriname, available at: http://www.bauxietinstituut.com/files/Environmental%20problems%20related%20to%20bauxite%20mining%20and%20proces sing-Paul%20Ouboter.pdf. See also, Annex 27. Submission of the petitioners, December 22, 2010, SRK Consulting Environmental Sensitivity Analysis, p.20 (stating that “[f]urther mining of the hills within the [Wane Kreek Nature Reserve] is likely to attract local and national criticism” and that “mining will ultimately reduce the conservation value of the area”).