Postgraduate Course: Practice of International Banking and the Law (LAWS11322)
|School||School of Law
||College||College of Humanities and Social Science
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||International 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
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.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Course Delivery Information
|Academic year 2018/19, Not available to visiting students (SS1)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 8,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||Two essays. The first essay worth 40% 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.
|No Exam Information
On completion of this course, the student will be able to:
- Understand and have knowledge of, the legal and practical issues arising from various types of international banking transactions.
- 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.
- Be familiar with certain types of documentation involved in such transactions, and understand why particular provisions are put in to such documents.
- 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.
|It is proposed that the following books and journals will be relevant to this course, amongst others:|
(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.
There will be a primary text, which students will be encouraged to use:
PR Wood, Law and Practice of International Banking (University Edition) (2008).
|Graduate Attributes and 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
|Keywords||international banking law/international finance
|Course organiser||Mr Parker Hood
Tel: (0131 6)50 2048
|Course secretary||Miss Maree Hardie
Tel: (0131 6)50 9588