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Triangular Treaties: The Nature And Limits Of Investment Treaty Rights, Anthea Roberts Prof

Harvard International Law Journal

Investment treaties are triangular treaties. Investment treaties are entered into by two states but they are unusual because they provide enforceable protections to investors as third party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state). If the investor considers that these protections have been violated, investment treaties also grant the investor permission to bring an arbitral claim directly against the host state.

Investment treaties clearly protect investors against certain unilateral actions by host states, such as expropriation without compensation. But do they also protect investors against unilateral actions …

Transatlantic Mutual Recognition In The Field Of Global Financial Regulation, Nico C. Klein

Global Markets Law Journal

In the course of the global financial regulatory reform following the recent financial crisis one could frequently read and hear, not least from the G-20, about the importance of such devices as global guidelines, global regulatory frameworks, international cooperation, international coordination or harmonization. More and more a strong case is also made for the concept of mutual recognition or similar devices, such as an exemptive approach, often without differentiating properly between them. Moreover, the exact interplay of mutual recognition with substantive coordination or harmonization is usually not examined in depth. This paper is intended to fill the gap by providing …