2014

States’ Sovereign right to regulate in the public health domain and foreign investors’ rights – the Philip Morris cases - Ionela Cuciureanu
Summary: In the context of the BITs, it becomes imperative to ask ourselves if the plain packaging measures adopted by states in the domain of public health, particularly regarding products like alcohol and cigarettes are the legitimate expression of the States ‘sovereign right to regulate for public benefit or if they are violations of the standards of protection consecrated by the BIT-s. In this respect, the Philip Morris cases represent the most recent and eloquent examples.

Key words: investment, plain packaging measures, public health, sovereign right to regulate.

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