102. There are two claims of the Applicant that are based upon the provisions of Article V of the FCN Treaty : one relates to paragraphs 1 and 3,
and is concerned with protection and security of nationals and their
property; another relates to paragraph 2, and is concerned with the
taking or expropriation of property. No claim is based upon paragraph 4
of Article V. The Applicant's claim under paragraphs 1 and 3 will be
dealt with first.
103. Paragraph 1 of Article V provides as follows:
"1. The nationals of each High Contracting Party shall receive,
within the territories of the other High Contracting Party, the most
constant protection and security for their persons and property, and
shall enjoy in this respect the full protection and security required by
international law. To these ends, persons accused of crime shall be
brought to trial promptly, and shall enjoy al1 the rights and privileges
which are or may hereafter be accorded by the applicable laws and
regulations; and nationals of either High Contracting Party, while
within the custody of the authorities of the other High Contracting
Party, shall receive reasonable and humane treatment. In so far as the
term 'nationals' where used in this paragraph is applicable in relation
to property it shall be construed to include corporations and associations."
Paragraph 2 of this Article is not relevant here, but is set out in paragraph 113 of this Judgment. Paragraph 3 provides as follows :
"3. The nationals, corporations and associations of either High
Contracting Party shall within the territories of the other High
Contracting Party receive protection and security with respect to the
matters enumerated in paragraphs 1 and 2 of this Article, upon compliance with the applicable laws and regulations, no less than the
protection and security which is or may hereafter be accorded to the
nationals, corporations and associations of such other High Contracting Party and no less than that which is or may hereafter be
accorded to the nationals, corporations and associations of any third
country. Moreover, in al1 matters relating to the taking of privately
owned enterprises into public ownership and the placing of such
enterprises under public control, enterprises in which nationals,
corporations and associations of either High Contracting Party have
a substantial interest shall be accorded, within the territories of the
other High Contracting Party, treatment no less favorable than that
which is or may hereafter be accorded to similar enterprises in which
nationals, corporations and associations of such other High Contracting Party have a substantial interest, and no less favorable than
that which is or may hereafter be accorded to similar enterprises in
which nationals, corporations and associations of any third country
have a substantial interest."