投資協定第5条(公正・公平な待遇)
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Article 5
General Treatment
1. Each Contracting Party shall in its Area accord to investments of investors of the
other Contracting Party treatment in accordance with customary international law,
including fair and equitable treatment and full protection and security. For greater
certainty, the concepts of "fair and equitable treatment" and "full protection and security"
do not require treatment in addition to, or beyond that which is required by the customary
international law minimum standard of treatment of aliens, and do not create additional
substantive rights
2. For greater certainty:
(a) "fair and equitable treatment" includes the obligation of each Contracting
Party not to deny justice in criminal, civil or administrative adjudicatory
proceedings in accordance with the principle of due process of law; and
(b) "full protection and security" requires each Contracting Party to provide
the level of police protection required under customary international law.