Third Lomé Convention (1984)
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For The President of the United Republic of Tanzania,

For The President of the Republic of Chad,

For The President of the Togolese Republic,

For His Majesty King Taufa'ahau Tupou IV of Tonga,

For The President of the Republic of Trinidad and Tobago,

For Her Majesty the Queen of Tuvalu,

For The Government of the Republic of Vanuatu,

For The President of the Republic of Zaire,

For The President of the Republic of Zambia,

For The President of the Republic of Zimbabwe.

Attachments

ANNEX XXVI. Joint declaration on Article 243(1)

1. A contracting State may request the negotiation of an investment promotion and protection agreement with another contracting State.

2. The States party to such agreements shall practise no discrimination between contracting States party to this Convention or against each other in relation to third countries when opening negotiations for, concluding, applying and interpreting bilateral or multilateral investment promotion and protection agreements.

By "non-discrimination" the Parties understand that, in negotiating such agreements, either side may be entitled to provisions in agreements negotiated between the ACP States or Member States concerned and another State, provided that in every case reciprocity is accorded.

3. The contracting States shall have the right to request a modification or adaptation of the non-discriminatory treatment referred to in paragraph 2 when international obligations or changed de facto circumstances so necessitate.

4. The application of the principles referred to in paragraphs 2 and 3 does not purport to, and cannot in practice, infringe the sovereignty of any contracting State party to the Convention.

5. The relation between the date of entry into force of any agreement negotiated, provisions for the settlement of disputes and the date of the investments concerned will be set out in the said agreement, account being taken of the preceding paragraphs. The Contracting Parties confirm that retroactivity shall not apply as a general principle unless contracting States stipulate otherwise.

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