Question

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1. Each Party shall accord to covered investments treatment in accordance with customary
international law, including fair and equitable treatment and full protection and security.
2. For greater certainty, paragraph 1 prescribes the customary international law minimum
standard of treatment of aliens as the minimum standard of treatment to be afforded to covered
investments. The concepts of “fair and equitable treatment” and “full protection and security” do
not require treatment in addition to or beyond that which is required by that standard, and do not
create additional substantive rights. The obligation in paragraph 1 to provide:
(a) “fair and equitable treatment” includes the obligation not to deny justice in
criminal, civil, or administrative adjudicatory proceedings in accordance with the
principle of due process embodied in the principal legal systems of the world; and
(b) “full protection and security” requires each Party to provide the level of police
protection required under customary international law.
3. A determination that there has been a breach of another provision of this Treaty, or of a
separate international agreement, does not establish that there has been a breach of this Article.
4. Notwithstanding Article 14 [Non-Conforming Measures](5)(b) [subsidies and grants], each
Party shall accord to investors of the other Party, and to covered investments, non-discriminatory
treatment with respect to measures it adopts or maintains relating to losses suffered by
investments in its territory owing to armed conflict or civil strife.
5. Notwithstanding paragraph 4, if an investor of a Party, in the situations referred to in
paragraph 4, suffers a loss in the territory of the other Party resulting from:
(a) requisitioning of its covered investment or part thereof by the latter’s forces or
authorities; or
(b) destruction of its covered investment or part thereof by the latter’s forces or
authorities, which was not required by the necessity of the situation,
the latter Party shall provide the investor restitution, compensation, or both, as appropriate, for
such loss. Any compensation shall be prompt, adequate, and effective in accordance with Article
6 [Expropriation and Compensation](2) through (4), mutatis mutandis.
6. Paragraph 4 does not apply to existing measures relating to subsidies or grants that would be
inconsistent with Article 3 [National Treatment] but for Article 14 [Non-Conforming
Measures](5)(b) [subsidies and grants].

Answer 1

1。 Each Party shall accord to covered investments treatment in accordance with customary每一缔约方应给予所涉投资按照治疗习惯
international law, including fair and equitable treatment and full protection and security.国际法，包括公平和公正的待遇和充分保护和安全。
2. 2。 For greater certainty, paragraph 1 prescribes the customary international law minimum为进一步明确，第1款规定的最低国际习惯法
standard of treatment of aliens as the minimum standard of treatment to be afforded to covered对作为最低待遇标准外国人待遇的标准来给予覆盖
investments.投资。 The concepts of “fair and equitable treatment” and “full protection and security” do在“公正和公平的概念待遇”和“充分保护和安全”做
not require treatment in addition to or beyond that which is required by that standard, and do not不需要附加或除了这点，是该标准所必需的治疗，不
create additional substantive rights.创造更多的实质性权利。 The obligation in paragraph 1 to provide:第1款规定的义务：
(a) “fair and equitable treatment” includes the obligation not to deny justice in （一）“公平和公正待遇”的义务，包括不否认正义
criminal, civil, or administrative adjudicatory proceedings in accordance with the刑事，民事或行政裁决性程序按照
principle of due process embodied in the principal legal systems of the world; and原则上在世界各主要法律制度所体现的正当程序;和
(b) “full protection and security” requires each Party to provide the level of police （二）“充分保护和安全”要求各缔约方提供警察水平
protection required under customary international law.保护所需的习惯国际法。
3. 3。 A determination that there has been a breach of another provision of this Treaty, or of a阿决心，出现了另一本条约，或违反规定
separate international agreement, does not establish that there has been a breach of this Article.独立的国际协议，并不能确定发生了违反本条。
4. 4。 Notwithstanding Article 14 [Non-Conforming Measures](5)(b) [subsidies and grants], each尽管第14条[非基本措施]（5）（b）项[补贴和补助金]，每
Party shall accord to investors of the other Party, and to covered investments, non-discriminatory一方应给予另一方的投资者，对所涉投资的，非歧视性
treatment with respect to measures it adopts or maintains relating to losses suffered by治疗方面的措施，采取或维持有关蒙受损失
investments in its territory owing to armed conflict or civil strife.在其领土内投资，由于武装冲突或内乱。
5. 5。 Notwithstanding paragraph 4, if an investor of a Party, in the situations referred to in尽管有第4，如果一个缔约方的投资者的情况，提到
paragraph 4, suffers a loss in the territory of the other Party resulting from:第4段，蒙受在另一方领土内造成的损失：
(a) requisitioning of its covered investment or part thereof by the latter's forces or （其涵盖的投资或部分由后者的部队或其）征用
authorities; or当局;或
(b) destruction of its covered investment or part thereof by the latter's forces or （二）销毁其涵盖的投资或部分由后者的部队或其
authorities, which was not required by the necessity of the situation,当局，而不是由形势要求的必要性，
the latter Party shall provide the investor restitution, compensation, or both, as appropriate, for后者缔约方应提供投资者补偿，或两者，酌情
such loss.这种损失。 Any compensation shall be prompt, adequate, and effective in accordance with Article任何赔偿，应及时，充分，并按照有效条
6 [Expropriation and Compensation](2) through (4), mutatis mutandis. 6 [征用和赔偿]（2）至（4），比照适用。
6. 6。 Paragraph 4 does not apply to existing measures relating to subsidies or grants that would be第4款不适用于有关的补贴或赠款，将现有的措施
inconsistent with Article 3 [National Treatment] but for Article 14 [Non-Conforming第三条不符合[国民待遇]，但对第14条[非基本
Measures](5)(b) [subsidies and grants].措施]（5）（b）项[补贴和补助金]。