Page 370 - Regional Comprehensive Economic Partnership (RCEP)

(c) the character of the government action, including its
objective and context.
2

4. Non-discriminatory regulatory actions by a Party that are
designed and applied to achieve legitimate public welfare
objectives, such as the protection of public health, safety, public
morals, the environment, and real estate price stabilisation, do not
constitute expropriation of the type referred to in subparagraph
2(b).

2 For Korea, a relevant consideration could include whether the investor bears a
disproportionate burden, such as a special sacrifice that exceeds what the investor or
investment should be expected to endure for the public interest. This footnote does
not prejudice the determination of the character of the government action of any other
Party.

10B-2