Essential Security Interests Sample Clauses
The Essential Security Interests clause defines the right of a party, typically a government, to take actions necessary to protect its fundamental security concerns, even if such actions would otherwise breach an agreement. In practice, this clause allows a country to implement measures such as restricting trade, controlling sensitive technologies, or enacting emergency regulations in situations involving national defense, public safety, or critical infrastructure. Its core function is to provide a legal safeguard that prioritizes national security over contractual obligations, ensuring that a party is not forced to compromise its essential interests in the face of serious threats.
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Essential Security Interests. 1. Nothing in this Agreement shall be construed to prevent any Contracting Party from taking any actions that it considers necessary for the protection of its essential security interests, /a/ relating to criminal or penal offences, /b/ relating to traffic in arms, ammunition and implements of war and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment, /c/ taken in time of war or other emergency in international relations, /d/ relating to the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices or /e/ in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
2. A Contracting Party’s essential security interests may include interests deriving from its membership in a customs, economic, or monetary union, a common market, a free trade area, or other form of regional economic integration.
Essential Security Interests. 1. This Agreement shall not preclude the application by either Contracting Party of measures necessary for:
(a) The maintenance of public order,
(b) The fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or
(c) The protection of its own essential security interests which may include interests deriving from its membership of a customs, economic or monetary union, a common market or a free trade area.
2. If either Contracting Party takes any action or measures against the other Contracting Party in conformity with paragraph 1 (c) of this Article based on interests deriving from its membership of a customs, economic or monetary union, a common market or a free trade area, the other Contracting Party against whom such actions or measures were taken may take similar actions or measures against the first Contracting Party based on the principle of reciprocity. In such a circumstance, the investors of the first Contracting Party affected by such measures can not resort to international arbitration under Article 8 of this Agreement to get compensation for any losses suffered as a result of such measures.
Essential Security Interests. No segment of this Agreement shall be done so to prevent any of the Parties to the Agreement to take measures for fulfilling obligations in relation to preservation of the international peace and security.
Essential Security Interests. Nothing in this Agreement shall be construed to prevent any Contracting Party from taking any action that it considers necessary for the protection of its essential security interests deriving from its membership in a customs, economic or monetary union, a common market or a free trade area.
Essential Security Interests. Nothing in this Agreement may be construed as meaning that
(a) A Contracting Party is required to provide information or to allow access to any information the disclosure of which would be contrary to its essential security interests;
(b) Prevent a Contracting Party from taking such measures as it considers necessary for the fulfillment of its obligations in respect of maintaining or restoring international peace or security or protecting its own essential security interests.
Essential Security Interests. Nothing in this Chapter shall be construed:
Essential Security Interests. 1. Nothing in this Chapter shall be construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests. With respect to investors of the other Party and covered investments affected by such measures, each Party shall accord non-discriminatory treatment to them, regardless of whether they are governmentally or privately owned.
Essential Security Interests. Nothing in this Treaty shall be construed to preclude a Contracting Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential public order or security interests.
Essential Security Interests. Nothing in this Agreement shall be construed to prevent any Contracting Party from taking any actions that it considers necessary for the prevention of its essential security interests related to:
a) Criminal or penal offences;
b) Traffic in arms, ammunition and implements of war and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment;
c) Measures taken in time of war or other emergency in international relations;
d) The implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices;
e) The pursuance of its obligations under the United Nation Charter for the maintenance of international peace and security;
f) Public order;
g) The protection of investors, depositors, financial market participants, policy-holders, policy-claimants, or persons to whom a fiduciary duty is owed by a financial institution;
h) The maintenance of the safety, soundness, integrity or financial responsibility of financial institutions; and
i) Ensuring the integrity and stability of a financial system of one of the Contracting Parties.
Essential Security Interests. Nothing in this Agreement shall be construed:
(a) to require a Contracting Party to furnish any information the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent a Contracting Party from taking any action which il considers necessary for the protection of its essential security interests:
i. relating to the traffic in arms, ammunition and implements of war and transactions in other goods, materials, services and technology undertaken directly or indirectly for the purpose of supplying a military or other security establishment;
ii. measures taken in time of war or other emergency in international relations; or
iii. relating to the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices; or
(c) to prevent a Contracting Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.