その他令和8年7月3日
日本国とザンビア共和国との間の投資の促進及び保護に関する協定（英文）
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日本国とザンビア共和国との間の投資の促進及び保護に関する協定（英文）
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(右条約の英文)
AGREEMENT BETWEEN JAPAN
AND THE REPUBLIC OF ZAMBIA
FOR THE PROMOTION
AND PROTECTION OF INVESTMENT
Japan and the Republic of Zambia (hereinafter referred to as "the Contracting
Parties"),
Desiring to further promote investment in order to strengthen the economic
relationship between the Contracting Parties;
Intending to further create stable, equitable, favourable and transparent conditions
for greater investment by investors of a Contracting Party in the Territory of the other
Contracting Party;
Recognising the growing importance of the progressive liberalisation of
investment for stimulating initiative of investors and for promoting prosperity in the
Contracting Parties;
Recognising that these objectives can be achieved without relaxing health, safety
and environmental measures of general application;
Recognising the importance of the cooperative relationship between labour and
management in promoting investment between the Contracting Parties; and
Recognising that this Agreement is designed to allow each Contracting Party to
regulate, in a manner consistent with this Agreement, investments in its Territory in order
to meet national public policy objectives;
Have agreed as follows:
CHAPTERI
INVESTMENT
Article 1
Definitions
For the purposes of this Agreement:
$,,000000000000000000000000000000000000000the the ment man the man the car of of of cat or or or or or or or or or or or or or or or or or or
(a) the term "investment" means every kind of asset owned or controlled,
directly or indirectly, by an investor, including:
(i) enterprise a brand a bran enterprise;
(ii) shares, stocks or other forms of equity participation in an
enterprise;
() bonds, debentures, loans and other forms of debt;
(iv) futures, options and other derivatives;
(v) rights under contracts, including turnkey, construction,
management, production or revenue-sharing contracts;
(vi) money and to ance underformance under contract contract having a
financial value;
(vii) intellectual property rights, including copyrights and related rights,
patent rights and rights relating to utility models, trademarks,
industrial designs, layout-designs of integrated circuits, new
varieties of plants, trade names, indications of source or
geographical indications and undisclosed information;
(viii) rights conferred pursuant to laws and regulations or contracts such
as concessions, licences, authorisations and permits, including
those for the exploration and exploitation of natural resources; and
(ix) tangible angible, movable, movable, movable and immovable
property, and any related property rights, such as leases, mortgages,
liens and pledges;
An investment includes the amounts yielded by an investment, in particular,
profit, interest, capital gains, dividends, royalties and fees. A change in
the form in which assets are invested does not affect their character as an
investment.
(b) the term "investment agreement" means a written agreement between the
central or local government or authority of a Contracting Party and an
investor of the other Contracting Party or its investment that is an
enterprise in the Territory of the former Contracting Party, on which the
investor or the investment relies in establishing or acquiring an investment
in the former Contracting Party;
Note: A "written agreement" refers to an agreement in writing,
executed by both parties, whether in a single instrument or in
multiple instruments, that creates an exchange of rights and
obligations, binding on both parties under the applicable law
under subparagraph 11(b) of Article 24. For greater certainty:
(i) a unilateral act of an administrative or judicial authority,
such as a permit, licence or authorisation issued by a
Contracting Party solely in its regulatory capacity, or a
decree, order or judgement, standing alone; and
(ii) administrative or judicial consent decree or order,
shall not be considered a written agreement.
(c) the term "investor of a Contracting Party" means:
(i) a natural person having the nationality of a Contracting Party in
accordance with its laws and regulations; or
(ii) enterprise of a Contracting Party,
that seeks to make, is making or has made investments in the Territory of
the other Contracting Party;
(d) the term "enterprise" means any legal person or any other entity duly
constituted or organised under the applicable laws and regulations,
whether or not for profit, and whether private or government owned or
controlled, including any corporation, trust, partnership, sole
proprietorship, joint venture, association, organisation or company;
(e) the term "enterprise of a Contracting Party" means an enterprise duly
constituted or organised under the applicable laws and regulations of a
Contracting Party;
(f) the term "investment activities" means operation, management
maintenance, use, enjoyment and sale or other disposal of investments;
(g) the term "Territory" means, with respect to a Contracting Party, the
territory of that Contracting Party, and the exclusive economic zone and
the continental shelf with respect to which that Contracting Party exercises
sovereign rights or jurisdiction in accordance with international law:
(h) the term "freely usable currency" means freely usable currency as defined
under the Articles of Agreement of the International Monetary Fund;
(i) the term "WIO Agreement" means the Marrakesh Agreement
Establishing the World Trade Organization, done at Marrakesh, April 15,
1994;
(i) the term "TRIPS Agreement" means the Agreement on Trade-Related
Aspects of Intellectual Property Rights in Annex 1C to the WTO
Agreement;
(k) the term "claimant" means an investor of a Contracting Party that is a party
to an investment dispute with the other Contracting Party;
p.62 / 2
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