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Vol 21 No 11 Nov/Dec 2016

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Modern Financial Techniques, Derivatives and Law


ISBN13: 9789041197818
ISBN: 9041197818
Published: June 2000
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £131.00



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This work examines both the UK and international regulation, as well as the case law and legislation affecting a wide spectrum of modern financial techniques. Within the scope of those financial techniques are the broad range of instruments, structures and contracts deployed by global financial markets in relation to corporate customers, sovereign entities and other public sector bodies.

The essays in this collection are concerned with the nature of the modernity of financial products like derivatives, and the particularly acute challenge that they pose both to the control of financial markets by private law and by established means of regulation.;Much of the book focuses on derivatives as exemplars of this broader context. The authors analyze practical and theoretical issues as diverse as credit derivatives, dematerialized securities, the ISDA EMU protocol, and the OTC derivatives market, as well as the regulation of financial products, the economics of financial techniques, and the international regulatory framework.

They examine issues of private law, including the legal implications of immobilization and dematerialization in collateral transactions, seller liability in credit derivatives markets and fraud. The essays examine the benefits and shortcomings of various legal mechanisms and methods of financial regulation, and suggest new approaches to the questions facing the law of international finance.;The essays in this book arose out of the W.G. Hart workshop on Transnational Corporate Finance and the Challenge to the Law held at the Institute of Advanced Legal Studies in London in 1998.

Subjects:
Banking and Finance
Contents:
Introduction; A. Hudson. Part I: Modern Financial Techniques and Law 1. Credit Derivatives; S. Henderson.
2. Immobilised Securities - Perfection of Security Interests; J. Benjamin.
3. The Regulatory Aspect of English Law in Derivatives Markets; A. Hudson. Part II: The Regulation of Financial Products.
4. The Justification of Financial Futures Exchanges; D.Campbell, S. Picciotto.
5. The Regulation of Derivatives: Identifying Difficulties and Creating Models of Regulation; J. Dine.
6. The Economic Consequences of Derivatives; J. Board..
7. Perspectives on Derivatives Regulation; J. Black.
8. International Initiatives in Derivative Markets Regulation; M. Taylor.
9. Fraud: The Impact of Modern Financial Products and Other Innovations; A. Crossfield.
10. Endnote: Financial Regulation and the Welfare State; A. Hudson. Index.