LW621-7-SP-CO:
International Financial Law
2024/25
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 13 January 2025
Friday 21 March 2025
15
01 July 2024
Requisites for this module
(none)
(none)
(none)
(none)
(none)
This module aims to introduce the key international financial transactions and analyse the main legal issues that arise. A student who completes the module should understand the range of financing options available to a large corporation and their individual contribution to the financial industry.
The student should be able to analyse the key legal issues and risks and advise a hypothetical lender / investor on how to address the issues and mitigate / avoid the risks.
This module, taught over one term, aims to provide an introduction to some of the key international financial transactions and analyse the main risks and legal issues that arise from them. It will focus on the law, documentation and legal and regulatory issues surrounding multi-bank financing, international financial leasing, international bond issues, securitisations and financial derivatives.
A student who completes the module should:
1. Understand the range of financing options available to a large corporation and their individual contribution to the financial industry.
2. Understand and be able to evaluate the key contractual provisions associated with the different forms of finance.
3. Be able to analyse and evaluate the key legal issues and risks associated with the different forms of international finance.
4. Understand the role of the different parties involved in the various forms of finance.
5. Be able to advise a hypothetical lender/investor on how to address the issues and mitigate or avoid the risk
Indicative Syllabus
1. Introduction to International Financial Law - types of financial asset; overview of the key participants; the role of financial law; an overview of the legal and regulatory structure of financial law.
2. Multi-bank financing - including syndicated loans, key terms such as covenants; representations and warranties (protective provisions); default, enforcement, legal relations among the key parties/issues of liabilities and secondary market practices
3. International Financial Leasing
4. International bonds – including key participants and techniques and liability issues.
5. Securitisation – including the structure of securitisation transactions, 'true sale' securitisation transactions and the role, rights and responsibilities of the parties.
6. Financial derivatives
7. Legal issues - such as governing law and conflict of laws
This module will be taught via weekly 2-hour seminars.
The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.
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Law Trove - Expand your learning, broaden your mind (no date). Oxford, UK: Oxford University Press. Available at:
https://www-oxfordlawtrove-com.uniessexlib.idm.oclc.org/.
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Wood, P. (2008f)
Law and Practice of International Finance. London, UK: Sweet & Maxwell. Available at:
http://www.vlebooks.com/vleweb/product/openreader?id=essexacuk&accId=2000057&isbn=9780414050501.
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Paterson, S. and Zakrzewski, R. (eds) (2017c)
McKnight, Paterson, & Zakrzewski on the Law of International Finance. 2nd edn. Oxford: Oxford University Press. Available at:
https://app.kortext.com/Shibboleth.sso/Login?entityID=https://idp0.essex.ac.uk/shibboleth&target=https://app.kortext.com/borrow/192736.
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Gruson, M. (no date) ‘Management of Legal Risks in International Agreements’,
Willamette Bulletin of International Law and Policy, 4(1). Available at:
https://www-jstor-org.uniessexlib.idm.oclc.org/stable/26210773.
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Häusler, G. (no date)
The Globalization of Finance. Available at:
https://www.imf.org/external/pubs/ft/fandd/2002/03/hausler.htm.
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Buchheit, L. (no date) ‘Law, Ethics, and International Finance’,
Law and Contemporary Problems, 70(3). Available at:
https://www-jstor-org.uniessexlib.idm.oclc.org/stable/27592193.
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Mugasha, A. (1997)
The Law of Multi-Bank Financing: Syndications and Participations. Montreal, CA: McGill-Queen’s University Press. Available at:
https://www.jstor.org/stable/10.2307/j.ctt810gb.
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King, E. (2018) ‘Excluding fiduciary duties: how far should trustees be able to go? Lessons from bond issues’,
Butterworths Journal of International Banking and Financial Law, 11. Available at:
https://plus-lexis-com.uniessexlib.idm.oclc.org/api/permalink/0272c243-e835-400b-9563-a7d0f27b7f03/?context=1001073&identityprofileid=TNXSK657695.
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Ngwu, F.N., Bavoso, V. and Chen, Z. (2017) ‘Securitisation in BRICS: Issues, challenges and prospects’,
Research in International Business and Finance, 42, pp. 1219–1227. Available at:
https://doi.org/10.1016/j.ribaf.2017.07.060.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
Coursework / exam |
Description |
Deadline |
Coursework weighting |
Coursework |
Essay (LW621 International Financial Law) |
|
100% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Ugochi Amajuoyi, email: u.amajuoyi@essex.ac.uk.
Dr Ugochi Amajuoyi
The Law Education Admin Team - pgtlawqueries@essex.ac.uk
Yes
Yes
Yes
Dr Gary Lynch-Wood
University of Manchester
Senior Lecturer
Available via Moodle
Of 6 hours, 6 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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