National treatment and most favoured-nation treatment
National treatment and most favoured nation treatment
1. Subject to the reservations listed in annex XIV-E to this agreement, Georgia shall grant, upon entry into force of this agreement:
(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of the Union: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better;
(1) For greater certainty, processing of nuclear materials includes all the activities contained in UN ISIC Rev.
3.1 code 2330.
(2) Without prejudice to the scope of activities which may be considered as cabotage under the relevant domestic legislation, national maritime cabotage under this Chapter covers transportation of passengers or goods between a port or point located in Georgia or a Member State of the EU and another port or point located in Georgia or Member State of the EU, including on its continental shelf, as provided in the UNCLOS and traffic originating and terminating in the same port or point located in Georgia or a Member State of the EU.
(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of the Union in Georgia, once established: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better (1).
2. Subject to reservations listed in annex XIV-a to this agreement, the Union shall grant, upon entry into force of this agreement:
(a) as regards the establishment of subsidiaries, branches and representative offices of juridical persons of Georgia: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better;
(b) as regards the operation of subsidiaries, branches and representative offices of juridical persons of Georgia in the Union, once established: treatment no less favourable than that accorded to its own juridical persons, their branches and representative offices; or to subsidiaries, branches and representative offices of any third country's juridical persons, whichever is the better (2).
3. Subject to reservations l...
National treatment and most favoured-nation treatment
a. Each Contracting Party shall, in its territory or in its maritime area, to investors of the other contracting party as regards their investments and activities associated with such investments, treatment no less favourable than that accorded to its own investors or the treatment accorded to investors of the most favoured nation, whichever is more favourable.
b. This treatment does not extend to the privileges which either Contracting Party accords to investors of a third State by virtue of its association or participation in a free trade area, customs union, Common Market or any other form of regional economic organization.
c. The treatment granted under the present article shall not apply to advantages accorded by a contracting party to investors of third States by virtue of an agreement for the avoidance of double taxation or any other arrangement relating to taxation.
National treatment and most favoured-nation clause
National treatment and most favoured-nation treatment
(a) requires that foreign and domestic scheduled international air services have equal opportunity to operate air services. Article 9(a) speaks of equality between domestic and foreign aircraft. It is often related to the concept of ‘national treatment’ (NT).168
(a) does not prohibit a distinction between domestic scheduled air service and foreign non-scheduled services. A Contracting State, if establishing a prohibited area for reasons of military necessity or public safety, is allowed to make a distinction between domestic scheduled air service171 and foreign non-scheduled flights.172 Prohibited airspace under 166 On the discussion on free-market competition and protectionism, see Xxxxx Xxxxxx de, & Xxxxxxxx, Xxxxx. (2019). Behind and beyond the Chicago Convention: The evolution of aerial sovereignty, Wolters Kluwer 2019, Chapter 20. Xxxxx Xxxxxxxxx, Bilateral Air Transport Agreements – 1913, 1980, 5 Int’l Trade X. X. 241 (1980). Xxxxxxxxxx Xxxxxxxxx, The Development of Air Law: From the Paris Conference 1910 to the Chicago Convention of 1944, 33 Annals Air & Space L. 59 (2008). 167 Article 11 of the Chicago Convention emphasizes that, subject to the provisions of this [Chicago] Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation shall be applied to aircraft of all contracting States without distinction as to nationality. This Section examines the specific provision on prohibited airspace, Article 9, to discuss the requirement of equal treatment therein. 168 National treatment is often discussed in international economic law. For example, Xxxxxx- man Xxxxxxx, X. The principle of national treatment in international economic law trade, investment and intellectual property, Cheltenham: Xxxxxx Xxxxx Publishing 2014, pp. 5-6. 169 Xxx Xxxxx, The Law of International Air Transport, Xxxxxxx 1962, p. 124. 170 ibid, pp. 120-124. 171 ICAO Council adopted the following definition of a scheduled international air service: ”A scheduled international air service is a series of flight that possesses all the following characteristics: (a) it passes through the airspace over the territory of more than one State;
National treatment and most favoured-nation treatment
(1) Each Contracting Party shall protect within its territory investments made in accordance with its legislation by nationals or companies of the other Contracting Party and shall ensure fair and equitable treatment of the investments and returns of those nationals or companies. This treatment shall not be less favourable than that granted by cash Contracting Party to investments made within its territory by its own nationals or companies, or than that granted by each Contracting Party to the investments made within its territory by nationals or companies of any third State, if this latter treatment is more favourable.
(2) Each Contracting Party shall accord to nationals or companies of the other Contracting Party, as regards the management, maintenance, use, enjoyment, extension, sale and liquidation of such investments, treatment which is fair and equitable and not less favourable than that which it accords to its own nationals or companies or to the nationals or companies of any third State.
National treatment and most favoured-nation provisions
1. Each Contracting Party shall in its territory accord to investments by investors of the other Contracting Party treatment which is fair and equitable and no less favour Volume 2407,1-43449 Able than that which it accords to investments by its own investors or to investors of a third State.
2. Each Contracting Party shall in its territory accord to investments by investors of the other Contracting Party, as regards management, support, use and disposal of their investments, treatment which is fair and equitable and no less favourable than that which it accords to its own investors or to investors of a third State.
3. The provisions of paragraphs 1 and 2 of this article shall not be construed so as to oblige one Contracting Party to extend to investors of the other Contracting Party the benefit of any treatment, preference or privilege which may be extended by the latter Contracting Party arising from:
(a) Any customs union or free-trade area or similar international agreements which influence investment cooperation arrangements or other forms of regional cooperation to which any Contracting Party is or may become a party;
(b) Any international agreements or arrangements relating wholly or partly to taxation. Article
National treatment and most favoured-nation treatment
a) Each Contracting Party shall, in its territory for investors of the other contracting party as regards their investments as well as the management, implementation, monitoring, use, enjoyment, the sale and liquidation of such investments treatment no less favourable than that accorded to its investors or the treatment accorded to investors of a third State, whichever is more favourable.
b) In particular shall be considered as less favourable treatment within the meaning of paragraph 1 (a) of this article the limitations on the purchase or transport of raw materials and auxiliary materials, energy and fuel or of means of production or operation of any kind, and restrictions on the sale of products within the country and abroad, as well as any other measures having equivalent effect.
2. This treatment does not necessarily to privileges or rights that a Contracting Party has accorded or will to accord a / of the investor (s) of any third State by virtue of an existing or future agreement on the establishment of a free trade area, customs union, a Common Market or any other form of regional economic organization. The provisions of this article shall not apply to tax matters.
National treatment and most favoured-nation Treatment
1. Investments made by investors of one Party in the territory of the other Party, as well as their income, shall be subject to fair and equitable treatment no less favourable than that accorded by the latter Party to investments of its own investors or of investors of third States.
2. Each Party shall accord to investors of the other Party, with respect to the management, maintenance, use, usufruct or disposal of investments made in its territory, fair and equitable treatment no less favorable than that accorded to its own investors or to investors of non-Parties.
3. The provisions of this article do not involve the concession of preference or privilege by investors of a party to the other party that may be granted under:
a) Participation in the areas of customs unions, free trade, existing or future common market and other similar international agreements, including other forms of economic cooperation to which either party is or may become a party; or
b) An agreement for the avoidance of double taxation or any arrangement of a fiscal nature.
National treatment and most favoured nation treatment
1. Admitted Investments of investors of one Contracting Party effected within the territory of the other Contracting Party in accordance with the laws and regulations of the latter, shall receive in the other Contracting Party treatment not less favorable than that accorded to its own investors or to investors of any third state.
2. In addition, each Contracting Party shall accord to investors of the other Contracting Party, including in respect of returns on their investment, treatment which shall not be less favorable than that accorded to investors of any third state
3. If a Contracting Party accords special advantages to investors of any third state by virtue of an agreement establishing a free trade area, a customs union, a common market or a similar regional organization or by virtue of an agreement on the avoidance of double taxation or any matter pertaining wholly or mainly to taxation, it shall not be obliged to accord such advantages to investors of the other Contracting Party.
