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DEGREE REGULATIONS & PROGRAMMES OF STUDY 2024/2025

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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 Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits40 ECTS Credits20
SummaryThe course looks at, amongst other things, various types of international
banking transactions, and the law underpinning them.
Course description This course will examine the law and practice of international
banking in relation to various areas, which may include the following:
(i) general banking law concepts and principles, such as,
banker-customer relationship, confidentiality and money laundering;
(ii) loans;
(iii) secured finance;
((iv) asset finance;
(v) bond issues;
(vi) derivatives;
(vii) securitisation; and
(viii) sustainable finance

The 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)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Course Delivery Information
Not being delivered
Learning Outcomes
On completion of this course, the student will be able to:
  1. Understand and have knowledge of, the legal and practical issues arising from various types of international banking transactions.
  2. Have a good grounding in, and understanding of, the legal principles involved in international banking law and finance, and such transactions, and how they are applied, or modified, in terms of achieving transactional outcomes.
  3. Demonstrate familiarity with the importance of key provisions in certain types of documentation involved in such transactions, and understand why particular provisions are put in to such documents.
  4. 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.
Reading List
The following books and journals are likely to be relevant to this course, amongst others:

Main Books:

(i) R Cranston and E Avgouleas, Principles of Banking Law (2019, 3rd edn)
(ii) PR Wood, The Law and Practice of International Finance (2008, University
(iii) A Haynes, The Law Relating to International Banking (2018, 2nd edn)
(iv) A McKnight, S Paterson and R Zakzrewski, The Law of International Finance (2017, 2nd edn)
(v) PR Wood, Law and Practice of International Finance Series (2019, 3rd edn)
(vi) TN Parsons, Lingard's Bank Security Documents
(vii) E McKendrick, Goode on Commercial Law (2021, 6th edn)
(xiii) L Gullifer, Goode and Gullifer on Legal Aspects of Credit and Security (2023, 7th edn)
(ix) 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 which covers virtually everything to do with banking law).
(ii) Butterworth's Banking Law Updates.

Journals

The following are a selection of relevant specialist and general journals:

Specialist Banking and Finance Law Journals

(i) Journal of International Banking Law and Regulation).
(ii) Butterworth¿s Journal of International Banking and Finance Law
(iii) Journal of International Bank Regulation .
(iv) Capital Markets Law Journal

General Company/Commercial Law Journals

(i) The Company Lawyer
(ii) European Business Law Review
(iii) European Business Organisations Law Review
(iv) Journal of Business Law
(v) Journal of Corporate Law Studies
(vi) Lloyd's Maritime and Commercial Law Quarterly

Case Law and Legislation:

Students will be expected to read relevant cases and legislation These will either be available
(i) online, e.g., via Westlaw, and/or (ii) in hard copy, in the law reports, in the School of Law Library.

Recommended Textbook:

There is no set text for the course. However, Cranston and Avgouleas, Principles of Banking
Law (2019, 3rd edition) is the recommended starting point for the course.
Additional Information
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 above, and writing essays.
Keywordsinternational banking law/international finance,loans,securitisation,bonds,fixed charges
Contacts
Course organiserMr Parker Hood
Tel: (0131 6)50 2048
Email: Parker.Hood@ed.ac.uk
Course secretaryMiss Hannah Ackroyd
Tel: (0131 6)50 2008
Email: hackroyd@ed.ac.uk
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