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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Practice of International Banking and the Law (LAWS11322)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Course typeStandard AvailabilityNot available to visiting students
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) Credits40
Home subject areaLaw Other subject areaNone
Course website None Taught in Gaelic?No
Course descriptionInternational banking transactions and the law underpinning them are at the heart of the global economy. Deals in international banking markets run in to trillions of dollars every year, and cover such diverse areas of finance as bank lending, bond issues, securitisations, derivatives contracts, asset finance and secured financing contracts, such as, repos.

There is, thus, a strong need for a new LLM course that will consolidate existing LLM teaching in the field of banking law, but also focus on the legal treatment of international banking.

The proposed new course will examine the law and practice of international banking in relation to seven proposed areas:

(i) general banking law concepts and principles, such as banker-customer relationship, confidentiality and money laundering;
(ii) syndicated loans;
(iii) asset finance;
(iv) secured financing;
(v) bond issues;
(vi) derivatives; and
(vii) securitisations.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Additional Costs None
Course Delivery Information
Delivery period: 2013/14 Full Year, Not available to visiting students (SS1) Learn enabled:  No Quota:  25
Web Timetable Web Timetable
Course Start Date 16/09/2013
Breakdown of Learning and Teaching activities (Further Info) Total Hours: 400 ( Seminar/Tutorial Hours 40, Programme Level Learning and Teaching Hours 8, Directed Learning and Independent Learning Hours 352 )
Additional Notes
Breakdown of Assessment Methods (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
No Exam Information
Summary of Intended Learning Outcomes
At the end of the course, students should:
(i) understand and have knowledge of, the legal and practical issues arising from various types of international banking transactions.

(ii) have a good grounding in, and understanding of, the legal principles involved in international banking law and such transactions, and how they are applied, or modified, in terms of achieving transactional outcomes.

(iii) be familiar with certain types of documentation involved in such transactions, and understand why particular provisions are put in to such documents.

(iv) have a general appreciation of the law and practice of international banking and the transactions involved in a wider context, and be able to apply it.
Assessment Information
Two essays. The first essay worth 40%, to be submitted in at the beginning of semester 2. This essay will be 4,000 words in length.

A second essay worth 60%, to be submitted at the end of semester 2. This essay will be 6,000 words in length.
Special Arrangements
Additional Information
Academic description The proposed new course should appeal to students, particularly international students, who have an interest in banking and finance, or who wish to go into that area.
Syllabus Not entered
Transferable skills Transferable skills provided by this course will include:
(i) researching both primary and secondary sources for the purposes of preparation for seminars, and for assessable written work.
(ii) oral and written communication skills.
(iii) analysing legal issues.
(iv) improving information technology and communication skills through accessing the internet for the purposes of (i) above, and writing essays
Reading list It is proposed that the following books and journals will be relevant to this course, amongst others:

Main Textbooks

(i) Ellinger, Lomnicka and Hare, Modern Banking Law (2011, 5th edn)

(ii) R Cranston, Principles of Banking Law (2002, 2nd edn)

(iii) M Hapgood (ed) Paget's Law of Banking (2007, 13th edn) ).

(iv) A Hudson, Law of Finance (2013, 2nd edn)

(v) LS Sealy and RJA Hooley, Cases, Text and Materials on Commercial Law (2008, 4th edn)

(vi) A McKnight, The Law of International Finance (2008)

(vii) C Proctor, The Law and Practice of International Banking (2010)

(viii) PR Wood, The Law and Practice of International Finance Series
(See especially: (i) vol 3 International Loans, Bonds, Guarantees and Legal Opinions; and (ii) vol 4 Set Off and Netting, Derivatives, Clearing Systems)

(ix) TN Parsons, Lingard's Bank Security Documents (2011, 5th edn)

(x)E McKendrick, Goode on Commercial Law (2010, 4th edn)

(xi) G Fuller, Law and Practice of International Capital Markets (2012, 3rd edn).

(xii) G Fuller, Corporate Borrowing: Law and Practice (2006, 3rd edn).

(xiii) L Gullifer, Goode on Legal Aspects of Credit and Security (2008, 4th edn)

(xiv) A Hudson, Law on Financial Derivatives (2012, 5th edn).

(xv) P Hood, Principles of Lender Liability (2012, OUP).

Loose-leaf (Practitioner Books)

(i) Cresswell, Blair, Hill and Wood et al, The Encyclopaedia of Banking Law (a vast practitioner work which covers virtually everything to do with banking law).

(ii)Butterworth's Banking Law Updates.


The following are a selection of relevant specialist and general journals

Specialist Banking Law Journals

(i) Journal of International Banking Law and Regulation (available on-line from Westlaw).

(ii) Butterworth┐s Journal of International Banking and Finance Law ("BJIBFL") (This is available on-line from Lexis-Nexis.)

(iii) Journal of International Bank Regulation (on line: see University Databases).

General Company/Commercial Law Journals

(i) Capital Markets Law Journal("CMLJ")
(ii) The Company Lawyer ("Co Law")
(iii) European Business Law Review ("EBLR")
(iv) European Business Organisations Law Review ("EBOR")
(v) Journal of Business Law ("JBL")
(vi) Journal of Corporate Law Studies ("JCLS")
(vii) Lloyd's Maritime and Commercial Law Quarterly ("LMCLQ")

General Law Journals

(i) Cambridge Law Journal ("CLJ")
(ii) Edinburgh Law Review ("Edin LR")
(iii)Juridical Review ("JR")
(iv) Law Quarterly Review ("LQR")
(v) Modern Law Review ("MLR")
(vi)Oxford Journal of Legal Studies ("OJLS")

Case Law and Legislation

Students will be expected to read relevant cases. These will either be available on the internet, e.g., Westlaw, and/or in hard copy, in the law reports, in the School of Law Library.

Recommended Textbook

There will be a primary text, which students will be encouraged to use:

PR Wood, Law and Practice of International Banking (University Edition) (2008).
Study Abroad Not entered
Study Pattern The course will involve twenty weekly seminars of two hours each. Students will be provided with Reading Lists, containing primary and secondary sources, which they will be required to read in preparation for each seminar. Hence, students will be involved in private study in preparation for seminars. In addition, students will also be involved in research for assessable work.

This course should fit the relevant descriptor and involve 400 hours work over the course of the year.
Keywordsinternational banking law/international finance
Course organiserMr Parker Hood
Tel: (0131 6)50 2048
Course secretaryMiss Amanda Mackenzie
Tel: (0131 6)50 6325
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