Coursework: (5000 words) 50% Weighting
Investigate Banking and Financial Law and report its finding to the directorate

LO 1,2


Case study and report 50% Weighting

LO 3,4

To pass this module student must obtain overall 50% marks. Re-assessment is capped at 50%

Pass criteria

Demonstrates ability to systematically describe a specific organisation in terms of management theories and appropriate contemporary practice.
Provides some critical analysis of operational aspects of same organisation. Reflects adequately on potential improvements to same organisation and is well referenced. In order to pass a module, students need to attain at least a minimum of 40% in all elements of assessment.

Distinction criteria

Evidences a subtle understanding of the position of the organisation in terms of a range of appropriate theory and contemporary practice.
Focuses upon the critical analysis of relevant operational aspects of the organisation, with appropriate contrast with other organisational forms and practice. Provides a well-supported, reasoned and pragmatic set of recommendations. Evidences wide and appropriate reading in the references supplied.

You will need access to these resources:

The VLE (NETED)
The Internet
Word Processing software for use in the coursework
Spreadsheet software like EXCEL/SPSS
Printed and electronic journals.

The learning strategy for the module requires students to commit 300 learning hours, of this there will be 75 hours of class support and 225 hours of independent and self directed study.

The lectures will be interactive with student participation in discussion of key concepts of, and practical issues in, banking and financial law, including BASEL and its framework, International Standards. Students will be allocated to small groups for various activities and workshop sessions. Tutorials are used to ensure that students understand the material and its relevance to the programme. Within the module, students will undertake individual presentations. These will be used to highlight understanding of module content, planning and implementation of ideas and innovations, self assessment and reflection, peer/tutor discussion and review.

For each topic, students will engage in preparation and reading prior to each seminar. Students will be asked to share their reading of the topic through discussion with their peer group, present their findings to the seminar group and provide feedback to other students

Core Text
Penn,G., Reynolds, B. and Cohen, H. (2013) Journal of International Banking Law & Regulation 2012: Bound Volume
Haynes, A. (2010) The Law Relating to International Banking

Recommended Text
Proctor, C. (2010) The Law and Practice of International Banking
Felsenfeld, C. and Glass, D. (2011) Banking Regulation in the United States 3rd Edition
Sornarajah, M. (2010) The International Law on Foreign Investment
McKnight, A. (2009) The Law of International Finance
Lessambo, F. (2013) The International Banking System: Capital Adequacy, Core Businesses and Risk Management
Banking on Basel: The Future of International Financial Regulation Tarullo, D. K. (2008)
Center for International Legal Studies (2006) International Banking Law and Regulation
Benjamin, J., (2008) Financial Law, Oxford University.

Journal
Butterworths Journal of International Banking and Financial Law
Journal of International Banking Law & Regulation - Sweet & Maxwell

Website
www.lexisnexis.co.uk
Westlaw

Topics

International Banking Law
(a) Exchange Controls
The need for exchange controls; the IMF guidelines; sovereignty and exchange controls; case law

(b) The World Bank Group
Organisational aspects; membership; functions; lending criteria; obligations of members; project cycling; IBRD, IFC, IDA, and Inspectors¿ Panel; loan agreements, and guarantee agreements

The European Bank for Reconstruction and Development and EU Banking
Organisational structure; functions; membership; lending criteria; tendering; settlement of disputes; EU Banking; Banking Directives

(c) Project Finance and Risks
Meaning; preparation for project financing; risks and project finance; legal aspects of project finance

(d) Methods of Payment
Various methods of payment, including letters of credit; the doctrine of strict compliance; banks' obligations under UCP; jurisdictional issues pertaining to letters of credit transactions and the governing law

(e) Guarantees and Performance Bonds etc
Basic features; types of guarantees; obligations of parties; jurisdictional issues and governing law

(f) Bank Confidentiality
Advantages of and criticisms against bank confidentiality; international action for limiting bank confidentiality; IMF Guidelines on Transparency; public policy issues; case law

(g) Capital Markets
Ethics in capital market activities; the Financial Services and Markets Act 2000; legal obligations of financial advisers; financial derivatives; protection of depositors; deposit protection schemes; market abuse; authorisation scheme; the Ombudsman

(h) Supervision of Commercial Banks
Functions of central banks; central banks and the IMF; supervision by central banks; Basel Committee recommendations, the reserve bank failures and the Turner Review; banking awareness

(i) Shariah Compliance Finance
Basic features; comparison between Islamic financing system and non-Islamic financing system; Legal aspects of Islamic finance

International Financial Law
- Principles of English commercial law:
- The legal structure of futures markets transactions:
- Classification and characteristics of credit and security:
- Financing against stock and receivables:
- Conflict of Laws in International Financial Transactions
- International Project Finance
- Cross-Border Securities, Repo, Lending and Collateralization.