Page:United States Statutes at Large Volume 115 Part 3.djvu/697

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PROCLAMATION 7449-^JUNE 8, 2001 115 STAT. 2771 S 'stale enlerprise' means a company owned, or controiied through ownership ioleresls, by a Party; 6. 'investment authorization' means an authorization granted by the foreign investment authority of a Party to a covered investment or a national or company of the other Party; 7. 'investment agreement" means a written agreement between the national authorities of a Party and a covered invesuiMnt or a national or company of the other Party that 0) giant* rights with respectto natural resources or other assets controlled bythe national authoiitiet and (ii) the investment, national or company relies upon in establishing or acquiring a covered investment, 8. 'UNCITRAL Arbitration Rules' means the arbitration rules of the United Nations Commission on International Trade Law, 9 'national" of a Party means a natural person whois a national of a Party under its applicable law, 10. an "investment dispute* is a dispute between a Party and a national or company of the other Party arising out of or relating to an investment authorization, an investment agreement or an alleged breach of any right conferred, created or recognized by this Chapter, Annex H, the exchanged letters on Investment Licensing Regime, and Articles I and 4 of Chapter VII with respect to a covered investment, 11 "non-discriminatory" treatment means treatment that is atleast as favorable as the better of natiofol treatment or most favored nation treatment, 12 "ICSIO Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, done at Washington, March 18. I96S; and 13 "Centre" means theInternational Centre for Settlement ofInvestment Disputes Established by the ICSIDConvention Article 2 National Treatment and Most-Favored Nation Treatment With respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of covered investments, each Party shall accord treatment no less favorable than that it accords, in like situations, to investments in its territory ofits own nationals or companies (hereinafter "national treatment") or to investments in its territory of nationals or companies ofa third country (hereinafter "most favored nation treatment"), whichever is most favorable (hereinafter 'national and most favored nation treatment") % ^