その他令和8年7月3日
投資協定：定義および基本原則（国民待遇・最恵国待遇）
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投資協定：定義および基本原則（国民待遇・最恵国待遇）
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(1) the term "respondent" means the Contracting Party that is a party to an
investment dispute;
(m) the term "disputing party" means either the claimant or the respondent;
TOTAL CON PRON PRONthe the the the the the the the the the the the the the and the the and the the and the and the the
(n) the term "disputing parties" means the claimant and the respondent;
(o) the term "non-disputing Party" means the Contracting Party that is not a
party to an investment dispute;
(p) the term "ICSID" means the International Centre for Settlement of
Investment Disputes;
(q) the term "ICSID Additional Facility Rules" means the Rules Governing
the Additional Facility for the Administration of Proceedings by the
Secretariat of the International Centre for Settlement of Investment
Disputes;
(r) the term "ICSID Additional Facility Arbitration Rules" means the Rules
that apply to any arbitration proceeding conducted pursuant to the ICSID
Additional Facility Rules;
(s) the term "ICSID Convention" means the Convention on the Settlement of
Investment Disputes between States and Nationals of other States, done at
Washington, March 18, 1965;
(t) the term "New York Convention" means the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards, done at New
York, June 10, 1958; and
(u) the term "UNCITRAL Arbitration Rules" means the Arbitration Rules of
the United Nations Commission on International Trade Law.
Article 2
Promotion and Admission of Investment
1. Each Contracting Party shall encourage and create favourable conditions for
investors of the other Contracting Party to make investments in its Territory.
the the the the the the the the the the the the the the and the the and the the and the and the the
2. Each Contracting Party shall, subject to its rights to exercise powers in accordance
with its applicable laws and regulations, including those with regard to foreign ownership
and control, admit investment of investors of the other Contracting Party.
Article 3
National Treatment
1. Each Contracting Party shall in its Territory accord to investors of the other
Contracting Party and to their investments treatment no less favourable than the treatment
it accords in like circumstances to its own investors and to their investments with respect
to investment activities.
10Paragraph 1 shall not be construed to prevent a Contracting Party from adopting
or maintaining a measure that prescribes special formalities in connection with
investment activities of investors of the other Contracting Party in its Territory, provided
that such special formalities do not impair the substance of the rights of such investors
under this Agreement.
Article 4
Most-Favoured-Nation Treatment
1.Each Contracting Party shall in its Territory accord to investors of the other
Contracting Party and to their investments treatment no less favourable than the treatment
it accords in like circumstances to investors of a non-Contracting Party and to their
investments with respect to investment activities.
Note: For greater certainty, the treatment referred to in this Article does not
encompass international dispute settlement procedures or mechanisms under
any international agreement
2. Each Contracting Party shall in its Territory accord to investors of the other
Contracting Party and to their investments treatment no less favourable than the treatment
it accords in like circumstances to investors of a non-Contracting Party and to their
investments with respect to the matters relating to the admission of investment.
3. The provision of paragraph 2 shall not apply to:
(a) measures related to:
(i) the acquisition or lease of land properties;
(ii) subsidies; or
(ill) government procurement;
(b) any treatment accorded by a Contracting Party to investors of a non-
Contracting Party and to their investments on the basis of reciprocity;
(c) any preferential treatment resulting from the membership to any bilateral
or multilateral international agreement involving protection of new
varieties of plants, aviation, fisheries or maritime matters, including
salvage;
(d) any measure relating to investment 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) any measure relating to investment in telegraph services, betting and
gambling services, manufacture of tobacco products, manufacture of
banknotes of the central bank of a Contracting Party, minting and sale of
coinage and postal service; and
(f) measure re relatinve to investment in fisheries in the territorial sea,
internal waters, exclusive economic zone and continental shelf of a
Contracting Party.
Article 5
General Treatment
Each Contracting Party shall in its Territory 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.
Article 6
Access to the Courts of Justice
Each Contracting Party shall in its Territory accord to investors of the other
Contracting Party treatment no less favourable than the treatment which it accords in like
circumstances to its own investors or to investors of a non-Contracting Party with respect
to access to the courts of justice and administrative tribunals and agencies in all degrees
of jurisdiction, both in pursuit and in defence of the rights of the investors of the other
Contracting Party.
Article 7
Prohibition of Performance Requirements
1. Neither Contracting Party may impose or enforce any of the following
requirements, or enforce any commitment or undertaking, in connection with investment
activities of an investor of a Contracting Party or of a non-Contracting Party in its
Territory:
(a) to export a given level or percentage of goods or services;
(b) to restrict sales of goods or services in its Territory that an investment of
the investor produces or provides by relating such sales in any way to the
volume or value of its exports or foreign exchange earnings;
(c) to adopt:
(1) a given rate or amount of royalty under a licence contract; or
() a given duration of the term of a licence contract,
in regard to any licence contract freely entered into between the investor
and a natural person or an enterprise in its Territory, whether it has been
entered into or not, provided that the requirement is imposed or the
commitment or undertaking is enforced by an exercise of governmental
authority of the Contracting Party;
Note: A "licence contract" referred to in this subparagraph means any
licence contract concerning transfer of technology, a production
process, or other proprietary knowledge.
(d) to transfer a production process or other proprietary knowledge to a natural
person or an enterprise in its lerritory;
(e) to locate the headquarters of the investor for a specific region or the world
market in its Territory;
(f) give a give a given levelopment its
lerritory; or
(g) to supply one or more of the goods that the investor produces or the
services that the investor provides to a specific region or the world market,
exclusively from its Territory.
2. Neither Contracting Party may restrict sales of goods or services in its Territory
that an investment of the investor produces or provides by relating such sales in any way
to the volume or value of its exports or foreign exchange earnings, as a condition for the
receipt or continued receipt of an advantage, in connection with investment activities of
an investor of a Contracting Party or of a non-Contracting Party in its Territory.
3. (a) Nothing in paragraph 2 shall be construed to prevent a Contracting Party
from conditioning the receipt or continued receipt of an advantage, in
connection with investment activities of an investor of a Contracting Party
or of a non-Contracting Party in its Territory, on compliance with a
requirement to locate production, supply a service, train or employ
workers, construct or expand particular facilities, or carry out research and
development, in its Territory.
(b) Subparagraphs 1(c) and 1(d) shall not apply when the requirement is
imposed or the commitment or undertaking is enforced by a court of
justice, administrative tribunal or competition authority to remedy an
alleged violation of competition laws.
(c) Subparagraph 1(d) shall not apply when the requirement concerns the
transfer of intellectual property rights which is undertaken in a manner not
inconsistent with the TRIPS Agreement.
4. The provisions of the Agreement on Trade-Related Investment Measures in Annex
1A to the WTO Agreement are incorporated into and made part of this Agreement, mutatis
mutandis
5. Paragraphs 1 and 2 shall not apply to any requirement other than the requirements
set out in those paragraphs.
Article 8
Transparency
1.Each Contracting Party shall promptly publish, or otherwise make publicly
available, its laws, regulations, administrative procedures and administrative rulings and
judicial decisions of general application as well as international agreements which pertain
to or affect the implementation and operation of this Agreement.
2. Each Contracting Party shall, upon request by the other Contracting Party,
promptly respond to specific questions and provide that other Contracting Party with
information on matters set out in paragraph 1
3. Paragraphs 1 and 2 shall not be construed to oblige either Contracting Party to
disclose confidential information, the disclosure of which would impede law enforcement
or otherwise be contrary to the public interest, or which would prejudice privacy or
legitimate commercial interests.
Article 9
Public Comment Procedures
Each Contracting Party shall, in accordance with its laws and regulations,
endeavour to provide, except in cases of emergency or of purely minor nature, a
reasonable opportunity for comments by the public before the adoption, amendment or
repeal of regulations of general application that affect any matter covered by this
Agreement.
Article 10
Measures against Corruption
Each Contracting Party shall ensure that measures and efforts are undertaken to
prevent and combat corruption regarding matters covered by this Agreement in
accordance with its laws and regulations
Article 11
Entry, Sojourn and Residence of Investors
Each Contracting Party shall, subject to its applicable laws and regulations, permit
entry, sojourn and residence of a natural person having the nationality of the other
Contracting Party as well as any personnel employed by, and an executive, a manager and
a member of the board of directors of, an enterprise of the other Contracting Party, who
wish to enter the territory of the former Contracting Party and remain therein for the
purpose of investment activities.
Article 12
Expropriation and Compensation
1. Neither Contracting Party shall expropriate or nationalise an investment in its
Territory of an investor of the other Contracting Party or take any measure equivalent to
expropriation or nationalisation (hereinafter referred to as "expropriation") except:
(a) for purpose;
(b) in a non-discriminatory manner;
(c) upon payment of prompt, adequate and effective compensation ir
accordance with paragraphs 2 through 5; and
(d) in accordance with due process of law.
2. The compensation shall be equivalent to the fair market value of the expropriated
investments at the time when the expropriation was publicly announced or when the
expropriation occurred, whichever is earlier. The fair market value shall not reflect any
change in value occurring because the expropriation had become publicly known earlier.
3. The compensation shall be paid without delay, shall include interest at a
commercially reasonable rate accrued from the date of expropriation until the date of
payment and shall be effectively realisable and freely transferable
4. If payment is made in a freely usable currency, the compensation paid shall
include interest, at a commercially reasonable rate for that currency, accrued from the
date of expropriation until the date of payment.
5. If a Contracting Party elects to pay in a currency other than a freely usable
currency, the compensation paid, converted into the currency of payment at the market
rate of exchange prevailing on the date of payment, shall be no less than the sum of the
following:
(a) the fair market value on the date of expropriation, converted into a freely
usable currency at the market rate of exchange prevailing on that date; and
(b) interest, at a commercially reasonable rate for that freely usable currency,
accrued from the date of expropriation until the date of payment.
6. This Article does not apply to the issuance of compulsory licences granted -0.0
relation to intellectual property rights in accordance with the TRIPS Agreement, or to the
revocation, limitation or creation of intellectual property rights, to the extent that such
issuance, revocation, limitation or creation is consistent with the TRIPS Agreement.
Article 13
Compensation for Losses or Damages
1. Each Contracting Party shall accord to investors of the other Contracting Party
that have suffered loss or damage relating to their investments in the Territory of the
former Contracting Party due to armed conflict or a state of emergency such as revolution,
insurrection, civil disturbance or any other similar event in the Territory of that former
Contracting Party, treatment, as regards restitution, indemnification, compensation or any
other settlement, that is no less favourable than that which it accords to its own investors
or to investors of a non-Contracting Party, whichever is more favourable to the investors
of the other Contracting Party.
2. Without prejudice to paragraph 1, if an investor of a Contracting Party, in a
situation referred to in paragraph 1, suffers a loss in the Territory of the other Contracting
Party resulting from:
(a) requisitioning of its investment or part thereof by the latter's forces or
authorities; or
(b) destruction of its investment or part thereof by the latter's forces or
authorities, which was not required by the necessity of the situation,
the latter Contracting Party shall provide the investor restitution, compensation or both,
as appropriate, for that loss.
3. Any payment as a means of settlement referred to in paragraphs 1 and 2 shall be
effectively realisable, freely transferable and freely convertible at the market exchange
rate into freely usable currencies.
4. Neither Contracting Party shall be derogated from its obligation under paragraphs
1 and 2 by reason of its measures taken pursuant to paragraph 2 of Article 16.
Article 14
Subrogation
If a Contracting Party or its designated agency makes a payment to its own
investor under an indemnity, guarantee or insurance contract in respect of an investment
of such investor in the Territory of the other Contracting Party, the latter Contracting Party
shall recognise the assignment to the former Contracting Party or its designated agency
of any right or claim of such investor on account of which such payment is made. In
case the payment referred to in the previous sentence is made, the latter Contracting Party
shall recognise that the former Contracting Party or its designated agency is entitled to
exercise such right and enforce such claim by virtue of subrogation, to the same extent as
the original right or claim of the investor. As regards payment to be made to that former
Contracting Party or its designated agency by virtue of such assignment of right or claim
and the transfer of such payment, the provisions of Articles 12, 13 and 15 shall apply
mutatis mutandis.
Article 15
Transters
1. Each Contracting Party shall ensure that all transfers relating to investments in its
Territory of an investor of the other Contracting Party may be freely made into and out of
its Territory without delay. Such transfers shall include, in particular, though not
exclusively:
(a) the initial capital and additional amounts to maintain or increase
investments:
(b) current incomes accruing from investments, including profits, interes'
capital gains, dividends, royalties, fees
(c) payments made under a contract including loan payments in connectior
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