Module Identifier LAM0820  
Module Title INTERNATIONAL BANKING LAW  
Academic Year 2001/2002  
Co-ordinator Mr Andrew Campbell  
Semester Semester 2  
Course delivery Seminar   2 Hours  
Assessment Seminar presentation     20%  
  Essay   Students may choose one of the following: 1. 2 x 2500-3000 word essays. 2. 1 x 5000-6000 word essay.   80%  

Module description


The business sector depends on the banking system to provide the financial assistance which is necessary to finance trade at
both domestic and international level .A study of the law relating to the banking sector will give students an insight into the way
in which financial institutions operate and at the same time will enable students to understand the role of the legal process in the
regulation of the financial markets. Banking is very much an international industry and the importance of raising capital on the
international money markets is of particular importance and interest. Accordingly, both international syndicated loans and
Eurobonds are examined in this module.. This is particularly relevant due to the importance of London as an international
financial centre.


The system of legal supervision of the banking sector has become a topic of particular importance in recent years. The
changing role of banking supervision in the UK will be examined in depth and attention will be paid to EU and international
developments.. Regulation and supervision matters are particularly relevant in view of recent scandals such as B.C.C.I.


Money laundering has become one of the most important problems facing the international financial community and the
developing international efforts to combat this menace are subjected to detailed scrutiny.

Objectives


On completion of the module students will be expected to have detailed knowledge and understanding of some of the complex
legal topics which make up the subject of banking law. Students will also be able to critically assess the law in these areas and
will be able to analyse the issues from both a practical and theoretical perspective.

Syllabus


1. Banking Supervision


The structure of bank supervision in the U.K.


The role of the Bank of England


European and international aspects


Inquiry into the supervision of BCCI


2. International Syndicated Loans


Introduction and definition


Choice of applicable law


The ISL transaction in detail: (i) the lead manager (ii) other parties (iii) the loan agreement


3. Bonds - Eurobonds and International Bonds


Introduction and definition


Issue


Negotiability


Legal documentation


Legal relationship between the parties


Comparison of Eurobonds and ISLs


4. Control of Money Laundering


What is money laundering?


the UK response and the EU Directives


the wider international perspective

Reading Lists

Books
** Recommended Text
Ellinger & Lomnicka,. Modern Banking Law. 2nd.
Arora,. Cases and Materials on Banking Law.
** Reference Text
Tennekoon. Law of International Finance.
Wood. International Loans, Bonds and Securities Regulation.
Hapgood,. Paget's Law of Banking. 12th.
Page & Ferguson,. Investor Protection.
Penn,. Banking Supervision.
Rider and Ashe,. Money Laundering Control.
Encyclopaedia of Banking Law.
Cranston. Principles of Banking Law..