Health, Safety and Environmental Measures. The Parties recognize that it is inappropriate to encourage investment by relaxing domestic health, safety or environmental measures. Accordingly, a Party should not waive or otherwise derogate from, or offer to waive or otherwise derogate from, those measures to encourage the establishment, acquisition, expansion or retention in its territory of an investment of an investor. If a Party considers that the other Party has offered such an encouragement, it may request consultations with the other Party and the two Parties shall consult, or it may request the establishment of an arbitral panel pursuant to Section D (State-to-State Dispute Settlement Procedures), both with a view to avoiding the encouragement.
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