その他令和8年7月3日
投資に関する国民待遇及び最低基準待遇に関する規定
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(d) any measure relating to investments in public law enforcement and
correctional services, and in social services such as income security or
insurance, social security or insurance, social welfare, public training,
health, child care and public housing;
(e) measure re relatinve to investment in telegraph services, betting and
gambling services, manufacture of tobacco products, manufacture of the
central bank of each Contracting Party's notes, minting and sale of coinage
and postal services;
(f) measure re relatinve to investment in fisheries in the territorial sea,
internal waters, exclusive economic zone and continental shelf of the
Contracting Party; and
(g) any measure relating to investment in industries other than those
recognised or other than those that should have been recognised by the
Government of the Contracting Party owing to the circumstances on the
date of entry into force of this Agreement, or any measure relating to
investment in industries which were not technically feasible on the date of
entry into force of this Agreement.
Note: Any industries classified positively and explicitly in JSIC or
CPC on the date of entry into force of this Agreement should
have been recognised by the Government of Japan on that date.
4. Neither Contracting Party shall, under any measure adopted after the date of entry
into force of this Agreement and covered by paragraph 3, require an investor of the other
Contracting Party, by reason of its nationality, to sell or otherwise dispose of an
investment that exists at the time when the measure becomes effective.
5. For greater certainty, the treatment referred to in this Article does not encompass
international dispute settlement procedures or mechanisms under any international
agreement.
6. The provisions of this Article shall not impose an obligation on either Contracting
Party to grant investors of the other Contracting Party and their investments any benefits.
advantages or privileges arising from free trade areas, customs unions, common markets.
economic unions or other similar integration agreements to which the former Contracting
Party is a party.
7. The provisions of this Article shall not impose an obligation on either Contracting
Party to grant investors of the other Contracting Party and their investments more
favourable treatment accorded by the former Contracting Party under international
agreements signed by it prior to the entry into force of this Agreement.
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3. For greater certainty, whether treatment is accorded in "like circumstances" under
this Article depends on the totality of the circumstances, including whether the relevant
treatment distinguishes between investments or investors on the basis of legitimate public
welfare objectives.
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 greatertainty:
(a) "fair and equitable treatment" includes the obligation of the 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.
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