Specific Commitments. Investments in respect of a particular undertaking of one of the Contracting Parties with respect to nationals and companies of the other Contracting Party shall be governed, without prejudice to the provisions of this Agreement, the terms of that commitment to the extent that it is more favourable provisions than those laid down in this Agreement.
Specific Commitments. 1. Each Party shall grant entry and temporary stay to natural persons of the other Party in accordance with this Chapterincluding the terms of the categories in Annex 7, provided thatthe natural persons comply with the laws and regulations of theformer Party related to movement of natural persons applicableto entry and temporary stay which are not inconsistent with theprovisions of this Chapter.
2. Neither Party shall impose or maintain any limitations onthe number of granting entry and temporary stay under paragraph 1, unless otherwise specified in Annex 7.
Specific Commitments. 1 Each Party has set out an initial schedule of the specific commitments it undertakes in accordance with the objective of liberalisation of trade in most services by the date of entry into force of this Agreement. 2 Each Party's schedule of commitments shall clearly specify: a) the sectors/subsectors in which commitments are undertaken; b) any terms, limitations and conditions on market access; c) any conditions and qualifications on national treatment; and d) any additional commitments. 3 The schedules of commitments shall be annexed to this Agreement as Annex 2 and shall form an integral part thereof. 4 As part of the reviews of this Agreement provided for in Article 68, the Parties undertake to review their schedules of commitments at least every two years, but earlier if so agreed, and progressively to expand these initial commitments as well as expand market access and/or national treatment between them in accordance with the APEC objective of free and open trade in services by 2010. The first review shall include telecommunications, postal services, credit reporting services and disaster insurance. 5 Trade in a particular number of services sectors and measures affecting trade in services may not be fully liberalised by 1 January 2010 notwithstanding paragraph 4. When it appears this shall be the case, the Parties agree to meet no later than 1 January 2008 to identify a list of such services sectors and measures. This list shall be set out in an exchange of letters between the Parties. The Parties shall consult on a mutually acceptable solution for these sectors and measures and such consultations shall continue for as long as it takes to achieve that solution. The solution may include agreement on a longer timeframe for liberalisation. This provision shall continue to apply after 1 January 2010. 6 The reviews referred to in paragraph 4 shall also examine limitations on market access and/or national treatment entered in the Parties' schedules of commitments in accordance with the objective identified in that paragraph. 7 A Party may, upon reasonable notice of at least three months, propose a modification of a commitment in its schedule of commitments by written notification to the other Party. In proposing such a modification, the Party concerned shall also propose a means by which the overall level of commitments undertaken by that Party under the Agreement shall be maintained. On receiving such written notification, the other Party may request con...
Specific Commitments. If the provisions of law of either Contracting Party or international law which are in force or subsequently submitted between the Contracting Parties in addition to the present Agreement contain a general or specific clause which accord to investments of investors of the other party to more favourable treatment than that provided for in this Agreement, these provisions shall prevail over those of this Agreement to the extent that they are more favourable to the investor.
Specific Commitments. 1. Each Party shall grant entry and temporary stay to natural persons of the other Party in accordance with this Chapter including the terms of the categories in Annex 10, provided that the natural persons comply with the laws and regulations related to movement of natural persons of the former Party applicable to entry and temporary stay which are not inconsistent with the provisions of this Chapter.
2. Each Party shall, in accordance with its laws and regulations, issue proper travel documents necessary for immediate return to the Party, to the natural persons of the Party who stay in the other Party based on the grant of entry and temporary stay under paragraph 1, where such persons are required to leave the other Party in accordance with the laws and regulations of the other Party which are not inconsistent with the provisions of this Chapter.
3. Each Party may require a natural person of the other Party to obtain an appropriate visa or its equivalent prior to entry and temporary stay under paragraph 1.
4. Neither Party shall impose or maintain any limitations on the number of granting entry and temporary stay under paragraph 1, unless otherwise specified in Annex 10.
Specific Commitments. Investments in respect of a particular undertaking of either Contracting Party to the investors of the other Contracting Party shall be governed, without prejudice to the provisions of this Agreement, the terms of that commitment to the extent that it is more favourable provisions than those laid down in this Agreement. the provisions of article 8 of this Agreement shall apply even where the waiver specific commitment to international arbitration or designating a Court of Arbitration different from that referred to in article 8 of this Agreement.
Specific Commitments. 1. Each Party shall set out in a Schedule the Specific Commitments it undertakes under Articles 106, 108 and 110. With respect to sectors where such commitments are undertaken, each Schedule of Specific Commitments shall specify:
(a) terms, limitations and conditions on market access;
(b) conditions and qualifications on national treatment;
(c) undertakings relating to additional commitments; and
(d) where appropriate the time-frame for implementation of such commitments.
2. Measures inconsistent with both Articles 106 and 108 shall be inscribed in the column relating to Article 108. In this case the inscription will be considered to provide a condition or qualification to Article 106 as well.
3. Schedules of Specific Commitments are annexed to this Agreement as Annex 8.5 4 Subparagraph 2(c) does not cover measures of a Party which limit inputs for the supply of services.
Specific Commitments. In addition to respecting the general obligations referred to above, each Member is required to assume specific commitments relating to market access (Article XVI) and national treatment (Article XVII) in designated sectors. The relevant sectors as well as any departures from the relevant obligations of Articles XVI and XVII are to be specified in the country's Schedule of Commitments. Article XVI (Market Access) and XVII (National Treatment) commit Members to giving no less favourable treatment to foreign services and service suppliers than provided for in the relevant columns of their Schedule. Commitments thus guarantee minimum levels of treatment, but do not prevent Members from being more open (or less discriminatory) in practice. At first sight, it may be difficult to understand why the national treatment principle under the GATS is far more limited in scope - confined to scheduled services and subject to possible limitations – than under the GATT where it applies across the board. The reason lies in the particular nature of services trade. Universal national treatment for goods does not necessarily imply free trade. Imports can still be controlled by tariffs which, in turn, may be bound in the country's tariff schedule. By contrast, given the impossibility of operating tariff-type measures across large segments of services trade, the general extension of national treatment in services could in practice be tantamount to guaranteeing free access. Members may also undertake additional commitments with respect to measures not falling under the market access and national treatment provisions of the Agreement. Such commitments may relate to the use of standards, qualifications or licenses (Article XVIII). Additional commitments are particularly frequent in the telecommunications sector where they have been used by some 60 Members to incorporate into their schedules certain competition and regulatory (self-)disciplines. These disciplines are laid out in a so-called Reference Paper, which an informal grouping of Members had developed during the extended negotiations in this sector.
Specific Commitments. Banking and other financial services c. Financial leasing (CPC 8112) 1) None 2) None 3) None 4) Unbound, except commitments as indicated in the horizontal 1) None 2) None 3) None 4) Unbound, except as indicated in the horizontal commitments
Specific Commitments. 1. Each Party shall endeavor to ensure that its laws and policies provide for and encourage high levels of environmental protection and of sustainable use and conservation of its natural resources. Each Party shall also strive to continue improving its protection levels on those matters.
2. Each Party shall endeavor to maintain its laws, regulations, and policies consistent and in compliance with multilateral environmental agreements (hereinafter referred to as "MEAs") to which it is a party, as well as with international efforts towards achieving sustainable development.
3. The Parties recognize that it is inappropriate to promote trade or investments by weakening or reducing the protections afforded in their environmental laws. Accordingly, neither Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, such laws in a manner that weakens or reduces the protections afforded in those laws as an incentive to promote trade or investment between the Parties. The Parties recognize that it is inappropriate to use their own laws, regulations and policies in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade or investment.
4. The Parties recognize the importance that their environmental legislations provide for a fair and transparent public participation mechanism, and therefore the Parties will promote public participation during the whole process of designing, implementing, and evaluating, environmental projects, policies, and programs, in accordance with their national legislations towards that end.
1. The Parties acknowledge paragraph 19 of the Ministerial Declaration (WT/MIN/(01)DEC/1), adopted on November 14, 2001 by the WTO Ministerial Conference, on the relationship between the TRIPS Agreement and the Convention on Biological Diversity (hereinafter referred to as "CBD") and the protection of genetic resources, traditional knowledge2, and folklore.
2. The Parties recognize the value and importance of biological diversity, traditional knowledge as well as the contribution of knowledge, innovations, and practices of indigenous and local communities to the conservation and sustainable use of biological diversity. Recognizing the sovereign rights of States over their natural resources, each Party shall have the authority to determine access to genetic resources in accordance with its legislation and endeavor to create conditions to facilitate...
