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Chapter Summary

From a legal perspective, the absence or inadequacy of justice, equity and sustainability illustrated by the case examples were indicative of a vacuum in international law. The currents of globalization makes the regulation of foreign investment more complex, but the diversities involved may lead to the accommodation of alternatives and a plurality of solutions. Changes in the basic principles of public international law (PIL) involve some fundamental, substantial and far-reaching adjustments. Home and host states can be important players in the regulation of transnational corporations (TNCs) and in making corporate activity more consistent with international, regional and national standards. Regional and national arrangements, even within certain limitations, have helped in balancing conflicting interests, and have advanced sustainable development further than that permitted by the inherent limitations of international law sources and theory.

Keywords: foreign investment; globalization; host states; national arrangements; public international law (PIL); regional arrangements; transnational corporations (TNCs)



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