Common use of Prohibitions and Restrictions Clause in Contracts

Prohibitions and Restrictions. (1) Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting, maintaining or enforcing any measure otherwise consistent with this Agreement that is considered appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns. (2) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, nothing in this Agreement shall be construed to prevent a Contracting Party from adopting measures or maintaining measures, including environmental measures: (a) Necessary to ensure compliance with laws and regulations that are not inconsistent with the provisions of this Agreement; (b) Necessary to protect human, animal or plant life or health; or (c) Relating to the conservation of living or non-living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption. (3) Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting or maintaining reasonable measures for prudential reasons, such as: (a) The protection of investors, depositors, financial market participants, policy-holders, policy-claimants, or persons to whom a fiduciary duty is owed by a financial institution; (b) The maintenance of the safety, soundness, integrity or financial responsibility of financial institutions; and (c) Ensuring the integrity and stability of a Contracting Party's financial system.

Prohibitions and Restrictions. (1) Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting, maintaining or enforcing any measure otherwise consistent with this Agreement that is considered appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns. (2) Provided that such measures are not applied in an arbitrary or unjustifiable manner, or do not constitute a disguised restriction on international trade or investment, nothing in this Agreement shall be construed to prevent a Contracting Party from adopting measures or maintaining measures, including environmental measures: (a) Necessary necessary to ensure compliance with laws and regulations that are not inconsistent with the provisions of this Agreement; (b) Necessary necessary to protect human, animal or plant life or health; or (c) Relating relating to the conservation of living or non-living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption. (3) Nothing in this Agreement shall be construed to prevent a Contracting Party from adopting or maintaining reasonable measures for prudential reasons, such as: (a) The the protection of investors, depositors, financial market participants, policy-policy- holders, policy-claimants, or persons to whom a fiduciary duty is owed by a financial institution; (b) The the maintenance of the safety, soundness, integrity or financial responsibility of financial institutions; and (c) Ensuring ensuring the integrity and stability of a Contracting Party's ’s financial system.