O texto apresentado é obtido de forma automática, não levando em conta elementos gráficos e podendo conter erros. Se encontrar algum erro, por favor informe os serviços através da página de contactos.
Não foi possivel carregar a página pretendida. Reportar Erro

18 DE ABRIL DE 1996

636-(13)

ii) Taken in time of war, armed conflict or other emergency in international relations;

b) Relating to the implementation of national policies respecting the non-proliferation of nuclear weapons or other nuclear explosive devices or needed to fulfil its obligations under the Treaty

. on the Non-ProMerauon of Nuclear Weapons, the

Nuclear Suppliers Guidelines, and other international nuclear non-proliferation obligations or understandings; or

c) For the maintenance of public order.

Such measure shall not constitute a disguised restriction on transit.

4) The provisions of this Treaty which accord most favoured nation treatment shall not oblige any Contracting Party to extend to the investors of any other Contracting Party any preferential treatment:

a) Resulting from its membership of a free-trade area or customs union; or

b) Which is accorded by a bilateral or multilateral agreement concerning economic cooperation between states that were constituent parts of the former Union of Soviet Socialist Republics pending the establishment of their mutual economic relations on a definitive basis.

Article 25 Economic Integration agreements

1) The provisions of this Treaty shall not be so construed as to oblige a Contracting Party which is party to an economic integration agreement (hereinafter referred to as «EIA») to extend, by means of most favoured nation treatment, to another Contracting Party which is not a party to that EIA.any preferential treatment applicable between the parties to that EIA as a result of their being parties thereto.

2) For the purposes of paragraph 1), «EIA» means an agreement substantially liberalizing, inter alia, trade and investment, by providing for the absence or elimination of substantially all discrimination between or among patties thereto through the elimination of existing cflscriminatory measures and/or the prohibition of new or more discriminatory measures, either at the entry into force of that agreement or on the basis of a reasonable time frame.

7>) This article shall not affect the application of the GATT and related instruments according to article 29.

PART V Dispute settlement

Article 26

Settlement of disputes between an investor and a Contracting Party

1) Disputes between a Contracting Party and an investor of another Contracting Party relating to an investment of the latter in the area of the former, which concern an alleged breach of an obligation of the former under part ni shall, if possible, be settled amicably.

2) If such disputes can not be settled according to the provisions of paragraph 1) within a period of three months from the date on which either party to the dispute requested amicable settiement, the investor party to the dispute may choose to submit it for resolution:

a) To the courts or administrative tribunals of the Contracting Party party to the dispute;

b) In accordance with any applicable, previously agreed dispute settlement procedure; or

c) In accordance with the following paragraphs of this article.

3) :

a) Subject only to subparagraphs b) and c), each Contracting Party hereby gives its unconditional consent to the submission of a dispute to international arbitration or conciliation in accordance with the provisions of this article;

b) :

0 The Contracting Parties listed in annex ID do not give such unconditional consent where the investor has previously submitted the dispute under subparagraph 2), a) or b);

ii) For the sake of transparency, each Contracting Party that is listed in annex ID shall provide a written statement of its policies, practises and conditions in this regard to the Secretariat no later than the date of the deposit of its instrument of ratification, acceptance or approval in accordance with article 39 or the deposit of its instrument of accession in accordance with article 41;

c) A Contracting Party listed in annex LA does not give such unconditional consent with respect to a dispute arising under the last sentence of article 10, 1).

4) In the event that an investor chooses to submit the dispute for resolution under subparagraph 2), c), the investor shall further provide its consent in writing for the dispute to be submitted to:

a) :

i) The International Centre for Settlement of Investment Disputes, established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington, 18 March 1965 (hereinafter referred to as the «ICSID Convention»), if the Contracting Party of the investor and the Contracting Party party to the dispute are both parties to the ICSID Convention; or

/'/') The International Centre for Settlement of Investment Disputes, established pursuant to the Convention referred to in subparagraph a), 0. under the rules governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre (hereinafter referred to as the «Addi-tional Facility Rufes»j, if the Contracting