Common use of Protection and Treatment Clause in Contracts

Protection and Treatment. (1) Investments by investors of either Contracting State shall enjoy full protection and security in the territory of the other Contracting State in a manner consistent with the provisions of this Agreement. Neither Contracting State shall in any way impair by arbitrary or discriminatory measures the management, maintenance, use, enjoyment or any other associated activities in connection with investments in its territory of investors of the other Contracting State. (2) Each Contracting State shall ensure fair and equitable treatment within its territory of the investments of the investors of the other Contracting State. This treatment shall not be less favourable than that accorded by each Contracting State to investments made within its territory by its own investors or by investors of any third state, whichever is most favourable. (3) Each Contracting State shall accord investors of the other Contracting State, as regards activities associated with investments in its territory, treatment not less favourable than that which it accords to its own investors or to investors of any third state, whichever is most favourable. (4) Each Contracting State recognizes that in order to maintain a favourable environment for investments in its territory by investors of the other Contracting State, it shall provide effective means of asserting claims and enforcing rights with respect to investment agreements, investment authorizations and properties. (5) Each Contracting State shall make public all laws, regulations, administrative practices and procedures that pertain to or affect investments in its territory of investors of the other Contracting State. (6) In case of reinvestment of the returns of an investment, these reinvestments and their returns shall enjoy the same treatment and protection as the initial investment.