Demanökansblatt - Journal of the Lawstoner Republic

[Pikabo]

Herausgegeben der Republikdruckerei | Est. 1870​

The Demanökansblatt, also known as The Hatigka, is the official journal of the Lawstoner Republic.
This website is the online version of the print edition of Demanökansblatt.
It was created by the Haring Tigmamanukang Kalatogan Decree of 1870 and renamed in the Verkündungsblattgesetz 1951.​

ABOUT HATIGKA

As the public journal and main publication of the Lawstoner Republic, it is duly authorized and obligated to maintain a periodical publication to publish public and legal notices. It features official government announcements and issuances on laws, treaties, proclamations, appointments, military information, and court decisions, among others required for statutory notice.

During the Syrixian colonial period, government authorities used various publications throughout the Imperial Prefecture of Dharmapa (old name of Lawston) until 1870 when Emperor Samprati IV decreed the creation of the Haring Tigmamanukang Kalatogan and was colloquially referred to as Hatigka for short. It republished notices from the Home Islands and featured local and international news. It also used to publish serialized foreign novels. The publication continued after the end of Syrixian rule in 1925, when Lawston was transferred under Hightonian sovereignty.

Under Hightonian rule, the former Syrixian colony was transformed into a semi-independent country called Hightonian Iteria. Liberal reforms in local politics and economy intensified the democratization and overall modernization of the country, including changes in Hatigka. Originally published only in Suchari and Tagapa, the Verkündungsblattgesetz 1951 renamed Hatigka to Demanökansblatt and provided it will also be published in all the other languages of Lawston: Aleman, Bashimite, Bhadari, Luko-Luko, Lusagnon, Mercanti, Palandagan, Rafhazani, including other various local languages and dialects.

Demanökansblatt also used to publish news, but as news media grew into a competitive industry, news publication as a public service merely became additional government expense and staff were downsized in the 1970s-80s. From 1998, Demanökansblatt had to borrow news writers from Nasyon TV (NTV, now Prasar Lostan) and fire most of its permanent staff. In 2003, spending cuts and continued downsizing forced Demanökansblatt to transfer editorial responsibilities to the National Printing Office. News publication finally ceased in 2019 under the Department of Information Act.

Demanökansblatt publishes every weekday, except for bank holidays. All issues of Demanökansblatt, including colonial records, are digitized and available online.

It is important to note Demanökansblatt, while it is the official publication of the Lawstoner government, it only publishes documents required by law or as the Batasan Pambansa shall determine to have general applicability and legal effect, or which they may authorize to be published, according to law.

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Lawstoner Republik
Alle Werke gemeinfrei
wenn nicht anders angegeben.​

 

[Pikabo]

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[Pikabo]

AGREEMENT BETWEEN THE GOVERNMENT OF THE LAWSTONER REPUBLIC AND THE GOVERNMENT OF THE REPUBLIC OF SWINDENLAND CONCERNING ENCOURAGEMENT AND RECIPROCAL PROTECTION OF INVESTMENTS

The Lawstoner Republic
And the Republic of Swindenland,

Hereinafter referred to as the State Parties,​

DESIRING to strengthen the bonds of friendship between the State Parties, and to that end, extend further the economic relations between them, with respect to investments by the nationals of one State Party in the territory of the other State Party, particularly with respect to the transfer of capital, in the spirit of brotherhood in the great family of free nations, that mutual respect for sovereignty and equality shall better achieve the greater yields of mutual benefit and economic cooperation.

SEEKING TO PROMOTE investment opportunities that enhance economic development within the territories of the State Parties.

UNDERSTANDING that investments in the great family of free nations are important, not just to the economic development of the State Parties, but also to the strengthening of world peace; fair and equitable treatment of investment is required in order to achieve the fulfillment of this Agreement,

REAFFIRMING the right of the State Parties to regulate and to introduce new measures relating to investments in their territories in order to meet national policy objectives, and, with respect to the measures in place, the particular need to fulfill mutual respect for sovereignty and equality to exercise this right,

SEEKING an overall balance of the rights and obligations among the State Parties, the investors, and the investments under this Agreement,

CONSIDERING that these objectives can be achieved without compromising the right of the State Parties to regulate within their territories through measures necessary to achieve legitimate policy objectives, such as the protection of public health, safety, environment, public morals, labor rights, animal welfare, social or consumer protection or for prudential financial reasons;

HAVE AGREED AS FOLLOWS:



Article I
DEFINITIONS
For the purposes of this Agreement:

Investment means the following assets admitted or established in accordance with the laws and regulations of the Party in whose territory the investment is made:​

1. An enterprise.
2. An equity security of an enterprise.
3. A debt security of an enterprise:
   1. (a)where the enterprise is an affiliate of the investor, or
   2. (b)where the original maturity of the debt security is at least three years, but does not include a debt security, regardless of original maturity, of a State or State enterprise.
   3. (c)A loan to an enterprise:
      1. (I)where the enterprise is an affiliate of the investor, or
      2. (II)where the original maturity of the loan is at least three years, but does not include a loan, regardless of original maturity, to a State enterprise.
   4. (d)An interest in an enterprise that entitles the owner to share in income or profits of the enterprise.
   5. (e)An interest in an enterprise that entitles the owner to share in the assets of that enterprise on dissolution, other than a debt security or a loan excluded from subparagraphs 3.(c) or 4.(d) of this paragraph.
   6. (f)Real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes.
   7. (g)Interests arising from the commitment of capital or other resources in the territory of a Party to economic activity in such territory, such as under:
      1. (I)contracts involving the presence of an investor’s property in the territory of the Party, including turnkey or construction contracts, or concessions, or
      2. (II)contracts where remuneration depends substantially on the production, revenues or profits of an enterprise.
   8. (h)For greater certainty, an investment for the purposes of this Agreement does not include assets that are solely in the nature of portfolio investments; goodwill; market share, whether or not it is based on foreign origin trade, or rights to trade; claims to money deriving solely from commercial contracts for the sale of goods or services to or from the territory of a Party to the territory of the other Party, or a loan to a Party or to a State enterprise; a bank letter of credit; the extension of credit in connection with a commercial transaction, such as trade financing; or a loan to, or debt security issued by a State Party or a State enterprise thereof.
   9. (i)In order to qualify as an investment under this Agreement, an asset must have the characteristics of an investment, such as the commitment of capital or other resources, the expectation of gain or profit, the assumption of risk, and significance for the Host State’s development.

Article II
PROMOTION AND ADMISSION OF INVESTMENTS
The State Parties shall promote and admit Investments in accordance with their applicable law, and shall apply such laws in good faith.


Article III
TREATMENT OF INVESTMENTS

1. Subject to paragraphs 3-5 of this Article, each State Party shall accord to Investors and their Investments treatment no less favourable than the treatment it accords, in like circumstances, to its own investors and their investments with respect to the management, operation and disposition of Investments in its territory.
2. For greater certainty, references to “like circumstances” in paragraph 1 of this Article requires an overall examination on a case-by-case basis of all the circumstances of an Investment including, inter alia:
   1. (a)its effects on third persons and the local community;
   2. (b)its effects on the local, regional or national environment, including the cumulative effects of all investments within a jurisdiction on the environment;
   3. (c)the sector the Investor is in;
   4. (d)the aim of the measure concerned;
   5. (e)the regulatory process generally applied in relation to the measure concerned; and
   6. (f)other factors directly relating to the Investment or Investor in relation to the measure concerned.
3. Non-conforming measures and excluded sectors:
   1. (a)This Article shall not apply to the measures, present or future, or sectors and activities set out in the Schedules to this Agreement.
   2. (b)Unless otherwise set out in the Schedules, paragraph 1 of this Article shall not apply to nonconforming measures, if any, existing at the date of entry into force of this Agreement maintained by each State Party under its laws and regulations or any amendment or modification to such measures, provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification. Subject to subparagraph 3.1.(a), treatment granted to investment once admitted shall in no case be less favourable than that granted at the time when the original investment was made.
4. Notwithstanding any other provision of this Agreement, the provisions of this Article shall not apply to concessions, advantages, exemptions or other measures that may result from:
   1. (a)a bilateral investment treaty or free trade agreement that entered into force prior to this agreement; or
   2. (b)any multilateral or regional agreement relating to investment or economic integration in which a State Party is participating or may participate.
5. Exception for formalities:

Nothing in this Article shall be construed to prevent a State Party from adopting or maintaining a measure that prescribes special formalities in connection with the Investments of Investors, such as a requirement that their Investments be legally constituted under the laws or regulations of the State Party, provided that such formalities do not materially impair the protections afforded by a State Party to Investors of the other State Party and their Investments pursuant to this Agreement.​

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6. Application to Agreement:​

​

This Article shall constitute the definition and scope of all references to non-discrimination or national treatment for all purposes under this Agreement. Any reference to any such term elsewhere in this Agreement shall be applied and interpreted in accordance with this Article.​

Article IV
EXPROPRIATION

1. A State Party shall not directly or indirectly nationalize or expropriate investments in its territory except:
   1. (a)in the public interest;
   2. (b)in accordance with due process of law; and
   3. (c)on payment of fair and adequate compensation within a reasonable period of time.
2. The assessment of fair and adequate compensation shall be based on an equitable balance between the public interest and interest of those affected, having regard for all relevant circumstances and taking into account the current and past use of the property, the history of its acquisition, the fair market value of the property, the purpose of the expropriation, the extent of previous profit made by the foreign investor through the investment, and the duration of the investment.
3. Any payment shall be made in a freely convertible currency. On payment, compensation shall be freely transferable.
4. Awards that are significantly burdensome on a Host State may be paid yearly over a three year period or such other period as agreed by the parties to the arbitration, subject to interest at the rate established by agreement of the parties to the arbitration or by a tribunal failing such agreement.
5. This Article shall not apply to the issuance of compulsory licences granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with applicable international agreements on intellectual property.
6. A measure of general application shall not be considered an expropriation of a debt security or loan covered by this Agreement solely on the ground that the measure imposes costs on the debtor that cause it to default on the debt.
7. A measure of a State Party that is designed and applied to protect or enhance legitimate public welfare objectives, such as public health, safety and the environment, does not constitute an indirect expropriation under this Agreement.
8. The Investor affected by the expropriation shall have a right under the law of the State Party making the expropriation to a review by a judicial or other independent authority of that State Party of his/its case and the valuation of his/its investment in accordance with the principles set out in this Article.

Article V
SENIOR MANAGEMENT AND EMPLOYEES

1. A State Party shall not require an Investor to appoint, to senior management positions for its Investment, individuals of any particular nationality.
2. A State Party may require that a majority of the board of directors, or any committee thereof, of an Investment be of a particular nationality, or resident in the territory of the State Party, provided that the requirement does not materially impair the ability of the Investor to exercise control over its Investment.
3. Subject to its laws, regulations and policies relating to the entry of aliens and engagement of non-national labour or management, each State Party shall grant temporary entry to nationals of the other State Party, employed by an Investor of the other State Party, for the purpose of rendering services to an Investment of that Investor in the territory of the Host State Party, in a capacity that is senior managerial or executive or requires specialized knowledge.
4. Notwithstanding any provisions of this Agreement, a State Party may require an Investor of the other Party or its Investment, in keeping with its size and nature, to have progressive increases in the number of senior management, executive or specialized knowledge positions that nationals of the Host State occupy; institute training programs for the purposes of achieving the increases set out in the preceding paragraph and to Board of Director positions; and to establish mentoring programs for this purpose.

Article VI
REPATRIATION OF ASSETS

1. A State Party shall accord to Investors the right to:
   1. (a)repatriate the capital invested and the Investment returns;
   2. (b)repatriate funds for repayment of loans;
   3. (c)repatriate proceeds from compensation upon expropriation, the liquidation or sale of the whole or part of the Investment including an appreciation or increase of the value of the Investment capital;
   4. (d)transfer payments for maintaining or developing the Investment project, such as funds for acquiring raw or auxiliary materials, semi-finished products as well as replacing capital assets;
   5. (e)remit the unspent earnings of expatriate staff of the Investment project;
   6. (f)any compensation to the investor paid pursuant to this Agreement; and
   7. (g)make payments arising out of the settlement of a dispute by any means including adjudication, arbitration or the agreement of the State Party to the dispute.
2. Each State Party shall allow transfers in paragraph 1 of this Article to be made in a freely convertible currency at the market rate of exchange prevailing at the time of transfer.
3. Notwithstanding paragraphs 1 and 2 of this Article, a State Party may prevent or delay a transfer through the non-discriminatory application of its law and regulations relating to:
   1. (a)bankruptcy, insolvency, or the protection of the rights of creditors;
   2. (b)issuing, trading or dealing in securities, futures, options or derivatives;
   3. (c)criminal or penal offences and the recovery of the proceeds of crime;
   4. (d)financial reporting or record keeping of transactions when necessary to assist law enforcement or financial regulatory authorities;
   5. (e)ensuring compliance with orders or judgments in judicial or administrative proceedings;
   6. (f)taxation;
   7. (g)social security, public retirement or compulsory savings schemes;
   8. (h)severance entitlements of employees; and
   9. (i)the formalities required to register and satisfy the Central Bank and other relevant authorities of a State Party.
4. Safeguard provision:
   1. (a)Where, in the opinion of a State Party, payments and capital movements under this Agreement cause or threaten to cause serious
      1. (I)difficulties for balance of payment purposes,
      2. (II)external financial difficulties, or
      3. (III)difficulties for macroeconomic management including monetary policy or exchange rate policy, the State Party concerned may take safeguard measures with regard to capital movements on a temporary basis so as to be eliminated as soon as conditions permit, and in any event as it relates to measures taken under subparagraphs (II)-(III) of this paragraph, for a period of not longer than 12 months if it considers such measures to be necessary.

1. Where such measures are taken under subparagraph 4.1.(a)1.(II) or (II) of paragraph 4, a State Party shall enter into consultations with the other State Party at its request, with a view to review such measures and seek the minimum impact of such measures on an investor.
2. Where, in the opinion of a State Party that has taken such measures, it is necessary to extend them for a further period due to the extended period of conditions described in subparagraph 2.1.(a) of Article III, the State Party shall offer to enter into consultations with the other State Party with a view to seeking the minimum impact of such measures on an investor. Such measures shall again be taken on a temporary basis so as to be eliminated as soon as conditions permit, and in any event for a period of no longer than 12 months from their renewal.

Article VII
PROTECTION OF ASSETS

1. A State Party shall accord Investments of Investors of the other State Party protection and security no less favourable than that which it accords to investments of its own investors or to investments of investors of any third State.
2. Investors of one State Party whose Investments in the territory of the other State Party suffer losses as a result of a breach of paragraph 1 of this Article, in particular owing to war or other armed conflict, revolution, revolt, insurrection or riot in the territory of the Host State shall be accorded by the Host State treatment, as regards restitution, indemnification, compensation or other settlement, no less favourable than that which the Host State accords to investors of any third State.

IN WITNESS WHEREOF, the duly authorized representatives of their respective governments have signed this Agreement.

DONE and signed in Duplicate in Aosto on 24th April 2020, in the Mercanti and Novanto languages, both texts are equally authentic.



FOR THE GOVERNMENT OF THE LAWSTONER REPUBLIC

JEJOMAR ADLAWAN
Minister of State
Department of Foreign Affairs



FOR THE GOVERNMENT OF THE REPUBLIC OF SWINDENLAND

OSKARO ŜARDEŬ
Minister
Ministry of Foreign Affairs

 

[Pikabo]

AGREEMENT BETWEEN THE GOVERNMENT OF THE LAWSTONER REPUBLIC AND THE GOVERNMENT OF THE EMIRATE OF RAFHAZAN TO ESTABLISH A FREE-TRADE AREA

23rd July 1994

The Lawstoner Republic
And the Emirate of Rafhazan,

Hereinafter referred to as the State Parties, resolved:
​

TO REAFFIRM the bonds that form the unique and friendly relationship between their peoples;

TO PROMOTE productivity, employment, and a steady development of living standards for their peoples;

TO CREATE a secure and fair market for the goods and services produced in their territories;

TO ADAPT mutual and beneficial rules governing their trade;

TO FOSTER a stable and predictable commercial environment for business-planning and investment;

TO STRENGTHEN the competitiveness of Lawstoner and Rafhazani firms in international markets;

TO REDUCE barriers that distort trade relations while preserving the two countries' flexibility to safeguard their two peoples;

TO CONTRIBUTE to the harmonious growth and cooperation of world trade and to provide a catalyst to broaden international cooperation;

HAVE AGREED as follows:



Article I
THE ESTABLISHMENT OF A FREE-TRADE AREA
The State Parties hereby establish a free-trade area.


Article II
OBJECTIVES
The objectives of this agreement, as elaborated more specifically in its provisions, are to:

1. Eliminate barriers to trade in goods and services between the territories of the State Parties;​
2. Facilitate conditions of fair competition with the free-trade area;​
3. Liberalize significantly conditions for investment within this free-trade area;​
4. Establish effective procedures for the joint administration of this Agreement and the resolution of disputes; and​
5. Lay the foundations for further bilateral and multilateral cooperation to expand and enhance the benefits of this Agreement.​

Article III
EXTENT OF OBLIGATIONS
The Parties to this Agreement shall ensure all necessary measures are taken in order to give affect to its provisions, including their observance, except as otherwise provided in this Agreement, by competent local governments.


Article IV
AFFIRMATION AND PRECEDENCE

1. The Parties affirm their existing rights and obligations with respect to each other, as they exist at the time of entry into force of this Agreement, under bilateral and multilateral agreements to which both are party.
2. In the event of any inconsistency between the provisions of this Agreement and such other agreements, the provisions of this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

Article V
NATIONAL TREATMENT
Each Party shall, to the extent provided in this Agreement, accord national treatment with respect to investment and to trade in goods and services.



IN WITNESS WHEREOF, the duly authorized representatives of their respective governments have signed this Agreement.

DONE and signed in Duplicate in Nilarus on 23rd July 1994, in the Mercanti and Rafhazani languages, both texts are equally authentic.



FOR THE GOVERNMENT OF THE LAWSTONER REPUBLIC

Cäcilie Steuermann
Minister of State
Department of Foreign Affairs



FOR THE GOVERNMENT OF THE EMIRATE OF RAFHAZAN

Kabeer al-Asad
Minister
Ministry of Foreign Affairs